Terms and Conditions

TERMS OF USE

1. Overview

1.1 The following agreement describes the terms and conditions that govern your use of our website.

1.2 Before you become a user of our website, you must read, agree with and accept the entire agreement set out in the pages below and our policies, including our Privacy Policy (Policies). You agree that the Policies, which may be changed from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you are agreeing to be bound by all the Website Terms.

1.3 We may change our Website Terms from time to time at our sole discretion. When these changes are made, we will make the revised Website Terms available at our site. Your use of our site is subject to the most current version of the Terms posted on our site at the time of such use.

1.4 Unless specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed by you and us.

General terms and conditions

The following general terms and conditions apply to all users of this website.

2. Your obligations

2.1 You must not use our website:

(a) for fraud or any misleading or deceptive conduct;

(b) for any activities which breach any laws or regulations or infringe any third party rights; or

(c) to send any spam or unsolicited electronic mail messages to anyone.

2.2 You also must not:

(a) tamper with, hinder the operation of or make unauthorised modifications to this website;

(b) use the personal information of another person in order to access or use this website; or

(c) transmit any bug, virus or other disabling feature to or through this website.

2.2 You must not post any information or content on our website which is or is likely to be:

(a) defamatory of anyone;

(b) indecent, obscene, offensive, pornographic or abusive;

(c) infringing the intellectual property rights or moral rights of any person;

(d) infringing any obligations of privacy or confidence;

(e) vilifying, harassing or insulting to any person, including based on disability, race, age, religion, sexual orientation or gender;

(f) infringing any laws; or

(g) false, misleading or deceptive.

2.4 You indemnify us from and against all claims, suits, damages, liabilities, demands, costs, expenses and actions that may arise out of or are in any way connected to your use of our website.

3. Security, viruses and linking

3.1 Because of the nature of the internet, we do not guarantee the security of this website. We do not guarantee that access to this website will be error free or uninterrupted, that this website or the server that makes it available are free of viruses or bugs, or that defects will be corrected. You acknowledge that you are responsible for implementing sufficient procedures and running adequate virus checks to satisfy your own requirements.

3.2 If you use a third party link to leave our site, you acknowledge that:

(a) you do this at your own risk;

(b) we have not created, checked or reviewed the content to which you link; and

(c) the links that we have on our site do not represent any endorsement by us of the items or services offered on that linked site.

4. Information and content

4.1 At any given time, without notice and at our absolute discretion, we may change the content and format of this website.

4.2 Information and content provided by third parties (Third Party Information) is included on this site. Since Third Party Information may not be complete, timely or accurate for your purposes, we do not verify it. We do not endorse any Third Party Information and we make no representation or warranty in any way as to the timeliness, accuracy or completeness of Third Party Information.

4.3 Information and content developed by us (Our Information) is included on this site. You acknowledge and agree that:

(a) the intention of Our Information is to summarize the relevant subject matter and its brevity could lead to misinterpretation;

(b) we use all reasonable endeavours to keep Our Information up to date but this is not always possible because internet technology is always evolving; and

(c) Our Information may contain certain errors, omissions or outdated information from time to time.

4.4 You should not depend on Our Information as your sole or chief source of information. You should not replace advice given by a qualified professional with Our Information. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

5. Confidentiality and privacy

5.1 Any communication or material that you send to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it contains personal information as defined in any applicable privacy laws.

5.2 We respect your privacy. Our Privacy Policy applies to any personal information that we collect from users of our website.

6. Intellectual property

6.1 All intellectual property rights in relation to content on this site belong to us, our licensors, advertisers of affiliates. You obtain no interest in that intellectual property and any information, software and tools accessed via this website, will remain vested in us.

6.2 You may not copy, reverse engineer, modify, decompile, transmit, reproduce, disassemble or communicate to the public this website, or any tools, information and software accessed on this website.

7. Our liability

7.1 Subject to any applicable law, we do not give warranties, and you have no other rights, apart from those, if any, specifically set out in these Website Terms. All implied conditions, warranties and rights are excluded.

7.2 Without limiting paragraph 7.1, to the extent permitted by law, we do not give any warranties of quality, fitness for purpose, reliability, accuracy or merchantability, nor accept any responsibilities arising from any errors in, or omissions from, the information, software or tools provided on or by this website.

7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:

(a) in connection with goods supply, to any one or more of the following, as we may determine: the replacement of any goods or the supply of equal goods, goods repair, the payment of acquiring equal goods or the payment of the costs of replacing the goods or the payment of the costs of repairing the goods; and

(b) as we may determine in connection with the services supply to one of the following: the payment of the costs of having the services supplied again or the supplying of the services again.

7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

(a) indirect or consequential loss or damage; or

(b) loss of sales, customers, profits, reputation, production, anticipated savings, turnover, goodwill, business opportunities, software or data, whether direct, indirect or consequential,

suffered by you or someone else and arising out of any breach or additional act or omission in connection with these Website Terms.

7.5 Subject to this paragraph 7, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct damage or loss arising out of any breach or additional act or omission in connection with these Website Terms will not exceed the total amount of payment you make to use this website.

7,6 We have engaged a third party to manage this website on our behalf (Third Party Website Manager) and you acknowledge to the fullest extent permitted by law, you must not make any claims or commence any proceedings against that Third Party Website Manager in connection with your use of this website.

8. Miscellaneous

8.1 The Website Terms documented here record the entire agreement between you and us and supersede any previous negotiation, understanding, representation or agreement in relation to the subject matter of these Website Terms.

8.2 If there are unenforceable sections in these Website Terms, those parts must be read down to the extent necessary to preserve their operation. If they cannot be read down, they must be severed.

8.3 If we fail or delay in exercising or enforcing these Website Terms, this does not waive our rights to enforce these Website Terms.

8.4 Please Contact Us at any time if you have any questions or feedback about this website or these Website Terms.

Last updated: [01 Jan 2011]

http://samsplayground.com