Acceptable Use Policy

Treat others with respect and behave yourself. Don’t do anything disruptive or illegal.

The Older Gamers (TOG) offers you a wide variety of online products and services, including general and personalized content, communication tools, gaming servers and forums. By using the Service in any way you are agreeing to comply with the following terms.

You must be at least 25 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain http://www.TheOlderGamers.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by The Older Gamers.

By using this Service you agree to our rules and guidelines. If you disagree, stop using this Service immediately. The Older Gamers are not responsible for the misuse or illegal use of any of the information and/or the software listed on the Service.

The Older Gamers reserves the right to vary, revoke or deny access to the Service at their discretion, with or without notice. The Service includes but not limited to The Older Gamers forums, methods of communication, game servers or in game groups.

We may update any of our terms without notice at our discretion. It is your responsibility to ensure that you have read and understand the terms currently in effect.

Your Responsibility For Content & Conduct:
You are responsible for any content that you post or transmit on or through the Service. You will not use the Service to publish, distribute, link to, or solicit content that:

  1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
  2. includes personally identifiable information about children;
  3. infringes someone else’s intellectual property or other rights;
  4. advocates or solicits violence or other criminal conduct;
  5. violates any law, regulation, or contract;
  6. promotes participation in multi-level or pyramid marketing initiatives;
  7. constitutes a raffle, sweepstakes, lottery, or any other form of gambling, unless authorized by theoldergamers.com;
  8. specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Melbourne Australia, or the domicile of either the distributor or recipient;
  9. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as The Older Gamers specifically authorizes;
  10. 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;
  11. contains pirated or illegal software or crack serial numbers that are designed to circumvent proper software licensing and registration;
  12. breaking any EULA;
  13. Deliberate & repetitive thread hijacking;
  14. Personal attacks or abusive posts;
  15. Deliberately posting disruptive or counter productive posts.

You agree to abide by the Code of Conduct at all times, both internally and externally of the Service.

You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.

You will comply with all policies, rules and guidelines that govern the Service; for example: Division rules.

Reciprocal bans:
Where a ban is imposed by a reputable game protection system such as, but not limited to, VAC or Punk Buster, The Older Gamers will impose a reciprocal ban from the Service. This ban will remain in place until the associated ban has been lifted.

Accurate Information:
You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.

Security / No Disruption:
You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Objectionable Content:
The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of The Older Gamers. You waive any claim resulting from your exposure to material on the Service that is deemed offensive, indecent, or otherwise objectionable.

Links to Third-Party Sites:
We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.

Links to The Service:
If you wish to link from your website to the The Older Gamers site, please link to the The Older Gamers Home Page (http://www.theoldergamers.com). You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Service, provided that the link does not portray the Service, The Older Gamers, or The Older Gamers members in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Service or any The Older Gamers content.

Indemnity:
You agree to indemnify, defend and hold harmless The Older Gamers, its affiliates, volunteers, moderators & administrators from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the AUP or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The AUP will inure to the benefit of The Older Gamers’ successors, assigns and licensees.

Registered Members:
Your email address is used only for confirming your registration details, password (and for sending new passwords should you forget your current one), or receiving newsletters if you subscribe. The Older Gamers mailing lists are opt-in, if you do not opt-in, you will not receive any newsletters from these lists. The Forums at The Older Gamers also have the ability to send you emails informing you of replies if you so elect. Please refer to the Notices section below. Your email address may be used by Administrators for formal communication if the private messages are not responded to.

Cookies:
Cookies are placed on your system so that whether as a registered member or not, the Service will maintain for you your personal Service configurations like Language. As a registered member, the cookies will also log you back in automatically upon Service visitation. These cookies are used only by the Service to enhance your stay and are not used for any kind of tracking .

Administration, Availability:
In order to ensure that The Older Gamers are able to provide high quality services which are responsive to customer needs, you must consent to The Older Gamers Administrators and/or delegate being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. The Older Gamers shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of AUP may result in immediate deletion of a users account.

All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.

We may modify or discontinue our services or your account with us, with or without notice, without liability to you, TOG, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of The Older Gamers’ services, or violated this AUP.

General Disclaimer / Limitation of Liability:
THE SERVICE AND THE MATERIALS ARE PROVIDED BY The Older Gamers ON AN “AS IS” BASIS, AND The Older Gamers EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL The Older Gamers BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS, IRRESPECTIVE OF WHETHER The Older Gamers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE ACCEPTABLE USE POLICY TO BE UNENFORCEABLE, THE REMAINDER OF THE ACCEPTABLE USE POLICY WILL CONTINUE IN FULL FORCE AND EFFECT.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF The Older Gamers’ SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The Older Gamers’ SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Indemnity extension:
The Older Gamers (TOG) agrees to indemnify, defend and hold individuals performing the roles of Administrator (and Moderator) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments that include reasonable legal fees, costs and expenses, incidental thereto, which may be suffered by, accrued against, charges to or recoverable from any individual, government or corporation, by reason of any claim arising out of or relating to any act or error or omission, or misconduct of TOG, its officers, directors, agents, employees or subcontractors.

Unacceptable Use:
It is not acceptable to use The Older Gamers for any purposes which violate Australian, United States, or state laws, or the laws in the country in which you are using the service. Users of The Older Gamers shall not deploy data-mining, web-mirroring or web-copying of any kind against the site. Any such effort will be construed as an attempt to duplicate copyright data, and/or to destabilize the operation of the website. The Older Gamers employs active log checking in order to identify users who ignore this condition of use, and will investigate fully any suspected cases.

Privacy:
The Older Gamers respects user privacy. The Older Gamers does not disclose rent or sell your email address or any other information we may receive to any third party, unless you specifically request it. In registration, The Older Gamers requires a username and an email address. All other details are optional. The Older Gamers may disclose individual account or user information in cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating The Older Gamers AUP or may be causing injury to or interference with (either intentionally or unintentionally) The Older Gamers’ rights or property, other The Older Gamers users, or anyone else that could be harmed by such activities. The Older Gamers may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services. Please note that with each page visited, your IP address is recorded, in the event that you need to be banned from the Service or your ISP contacted. This will only happen in the event of a major violation of this agreement.

We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.networkadvertising.org/managing/opt_out.asp

Advertisements:
The Older Gamers do not take any responsibility for the nature of the advertisements found on this site. Contextual ads are based on the actual site’s content, this does not guarantee relevance nor appropriate content, nor does it guarantee that advertisements displayed are in line with the TOG general ethos.
Any questions relating to advertising should be directed to .
Logo and Trademark
The Older Gamers and it’s logo are part of a registered trademark and cannot be used without specific consent by it’s rightful owner Stefaan H.G. de Keersmaeker.

Once permissions to use of this trademark have been given any display of the trademark must follow the following rules:

  • Proper Form - The Older Gamers trademarks should be used in their exact form—neither abbreviated nor combined with any other word or words.
  • Accompanying Symbol - The first or most prominent mention of The Older Gamers trademark should be accompanied by a symbol indicating a registered trademark ("®")
  • Distinguishable - In at least the first reference, the Trademark should be set apart from surrounding text, either by capitalizing it or by italicizing, bolding or underlining it.

Modifications to this policy:
The Older Gamers reserves the right to modify this policy, the Code of Conduct or any other policies, rules or guidelines at any time without prior notification at our discretion. The responsibility to stay informed of any changes to this policy remains solely on you.

Notices:
Notices to you may be made by email via newsletter, or posted prominently on the Service.

Information:
Questions related to the The Older Gamers Acceptable Use Policy should be addressed to:

stefaan(at)pixella (dot) com DOT au

The Older Gamers users authorize The Older Gamers to use, reproduce, transmit, store and display any user-supplied content (including message board postings and replies) for any purpose in any and all media.

This AUP constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the AUP will be effective only if in writing and signed by The Older Gamers.

Last updated 20-Dec-2012

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