The Older Gamers Acceptable Use Policy (AUP) About The Older Gamers (TOG): The Older Gamers is a diverse gaming community that aims to bring adults together to celebrate and provide a gaming experience that is fun, enjoyable and acceptable for adult participation. We are passionate about gaming. TOG community members uphold the spirit of decency, fair play, cooperation and respect for others. TOG believes that a gaming community that upholds strong community standards makes gaming more enjoyable and acceptable for adults to participate. TOG members have little time and patience for undesirable behaviour that causes harm to the broader gaming community, our community or our gaming. We want to escape or separate ourselves from the abusive, disruptive and disrespectful behaviour displayed by many but often attributed to younger players that are so often encountered when gaming online. For this reason “Adults” within the TOG context are considered to be those 25 and above. This is the required age for membership. This does not mean that TOG members will hide behind closed doors. TOG members being a friendly vibrant group of gaming addicts from around the world are old enough to enjoy ourselves properly. We will continue to promote TOG philosophy throughout the broader gaming community whilst publicly celebrating gaming. TOG members often have limited time in their busy adult lives balancing work, family, health, children and other hobbies.. We come together to free ourselves from the daily grind and let our minds wander into a vast array of game worlds; fly space ships, wield magic and swords, fly planes, drive cars, save the world or become a pirate. Some players are laid back looking to chill. Others are more competitive as they thrive in hard core raids or PvP environments. If the developers and game mechanics support it, we’re all for it. You will find TOG community members in all major games and often obscure ones as well. One of the great things about TOG is that anytime an interesting game comes along, you can almost guarantee there will be a host of players ready to go. Games with sufficient community interest are formed into Divisions. Divisions are managed by Captains and their leadership teams. Captains are required to uphold and strive towards all that TOG is about. To assist, the TOG Service includes community forums, voice communications and game servers. Should time permit we may even meet in real life for a drink or two. Father is the founder and owner of the The Older Gamers community. Father and TOG Administrators invite adults to come join and enjoy all that the community offers. Administration: You must be at least 18 years old and competent to enter into a contract to use the Service. If you are under the age of 18, a parent or legal guardian who is competent will enter on your behalf and take full responsibility for you. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain 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. The Older Gamers service, also referred to as the Service, includes a wide variety of online products and services such as general and personalised content, forums, in game entities and communication tools. By using the Service in any way you are agreeing to uphold and comply with all that The Older Gamers is About, The Older Gamers Acceptable Use Policy, and other The Older Gamers policies, code of conduct, guidelines and rules. These may be updated with or without notice at our discretion. The Older Gamers has appointed Administrators to manage all aspects of the Service. Administrators may delegate authority to other positions to assist in the provision of the Service. These position holders are referred to as ‘we’. You agree to comply with requests or directions from The Older Gamers as they relate to the Service. In order to ensure that The Older Gamers are able to provide high quality services which are responsive to customer needs, you consent to The Older Gamers accessing your account information and records on a case by case basis as required to manage the Service including complaint investigations. The Older Gamers shall not disclose the existence or occurrence of such access unless required by law. The Older Gamers may modify, suspend, ban or terminate your account, account information, membership or use of the Service, or the Service, for any reason at any time without any liability to us, to you, any other user or any third party. You may not publish private communications from The Older Gamers, their agents or representatives or volunteers without authorisation. If you disagree with any The Older Gamers policy, code of conduct, guideline or rule at any time, stop using this Service immediately. The Older Gamers is not responsible for the misuse or illegal use of any of the information and/or the software listed on the Service. Account Types: Registered Users: may be of any age. Registered Users are restricted to posting in forums that are considered public, using TOG public gaming servers, the TOG Public Invite Communications Server or any other part of the Service where an exemption to the membership requirement has been authorised by The Older Gamers. Members: are restricted to those who are 25 years of age or older. There is a presumption that members may use all aspects of the Service unless The Older Gamers has authorised otherwise; for example, private secure game forums may be required to enhance game play in a PvP environment or for management purposes. You will abide by these account types. Public nature of communication and content: All communications using chat, forum, bulletin boards, voice, in game actions, private messages and similar are public and not private communications. Your Username will remain associated with any posts. You understand that you communicate at your own risk knowing that such communication, even when hidden behind a restricted forum, private message or similar, may be distributed without the consent or control of The Older Gamers or yourself. The Older Gamers is not responsible for such actions or the result of such actions. You are responsible for your communications. 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 offensive, indecent, or otherwise objectionable. The Older Gamers may delete or modify any communication with or without notice. The Older Gamers has no obligation to delete any communication that you do not like; for example: offensive, insulting, against your morals or ethics unless required to do so by law. Your Responsibility for Content & Conduct: It is not acceptable to use The Older Gamers for any purposes which violate Australian, United States, or state laws. 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. 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. We may report suspicious activity or communications to relevant law enforcement agencies. You are responsible for any content that you post or transmit on or through the Service. All use of the Service should be consistent with that which The Older Gamers is About, The Older Gamers Acceptable use policy, code of conduct, policies, guidelines and rules. You will not use the Service to communicate, distribute, link to, solicit content or gather information that: 1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libellous, invasive of another's privacy, or racially, ethnically or otherwise offensive; constitutes family violence; 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; for example: (Australia) Copyright Act, Commonwealth Criminal Code, Telecommunications Act or Court order; 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. breaches any EULA; 13. is deliberate or repetitive thread hijacking; 14. is a personal attack or abusive 15. is deliberately disruptive or counterproductive; 16. is non-compliant with any The Older Gamers policy, code of conduct guideline or rule; 17. breaches a direction of The Older Gamers; or 18. relates to religion and politics unless they relate to gaming. Except as The Older Gamers specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service. You will act and communicate in a manner consistent with The Older Gamers Code of Conduct at all times. 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. Whilst The Older Gamers has this requirement, The Older Gamers does not require identification confirmation and therefore cannot be sure that information provided by individuals is accurate or true. You accept that in your use of the Service, that it is your responsibility to use your judgement when communicating with others whether or not that which they say, have said or represent is accurate and true. E-mail address: Subject to our Privacy statement, your email address is used only for confirming your registration details, password (and for sending new passwords should you forget your current one), receiving communications from The Older Gamers 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. Privacy: On registration for an account, The Older Gamers requires a username, date of birth and an email address. All other details are optional. The Older Gamers respects user privacy. Please note that with each page visited, your IP address is recorded. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. The Older Gamers does not sell or trade, or otherwise transfer to outside parties your personally identifiable information unless you make a request or the following apply: - The Older Gamers may disclose or access account information when we believe in good faith that the law requires it or for administrative and other purposes that we deem necessary to maintain, service, and improve our products and the Service. - The Older Gamers may use 3rd party cloud services to manage information. - The Older Gamers may disclose your information to trusted third parties who assist us in operating our service, website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. - The Older Gamers may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect ours or others rights, property, or safety. This may include supplying your information to a law enforcement agency if The Older Gamers suspect that a communication or action by you is in breach of a law. - 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, harm or interference with (either intentionally or unintentionally) The Older Gamers' rights or property, other The Older Gamers users, or anyone else that could be directly or indirectly affected by such activities. The Older Gamers generally does not delete an account and associated communications unless required by law. This is at the discretion of The Older Gamers. The Older Gamers generally retains this information but imposes a permanent ban for security reasons including to prevent a resurrection of the account name and reduce the risk of account identity theft. Where The Older Gamer service is managed by other external Services or Service platforms, such as game entities, forums, Cloud storage, or communications providers, you are subject to the other Service or Service platforms terms, conditions, policies and or privacy statements. The other Service providers terms, conditions, policies and or privacy statements prevail. To be clear, you use an external Service or Service platform, at your own risk, so please read and understand that external Service or Service Platforms terms, conditions, policies and or privacy statements. External Service and Service Platforms: The Older Gamers Service extends into the game world including game servers, kins, corporations, guilds, clans, squads or similar. The Service uses many external Service and Service platforms for many games and Communications. Members may be appointed with delegated authority to manage these external parts of The Older Gamers service. Where The Older Gamers rights are to be associated with an external Service or Service Platform, authority must be sought in writing from The Older Gamers. You accept that should you ever be appointed to such a position with delegated authority, you must manage the Service in a manner that is compliant with all The Older Gamers policies, Code of Conduct, Guidelines and rules. You will comply with all requests and directives of The Older Gamers including those that relate to the management, access, ownership, representation and transfer of any Service using an external Service or Service platform that is associated with The Older Gamers. To be clear, you understand that ownership and control remains with The Older Gamers. Where The Older Gamer service is managed by other external Services or Service platforms, such as game entities, forums, Cloud storage, or communications providers, you are subject to the other Service or Service platforms terms, conditions, policies and or privacy statements. The other Service providers terms, conditions, policies and or privacy statements prevail. To be clear, you use an external Service or Service platform, at your own risk, so please read and understand that external Service or Service Platforms terms, conditions, policies and or privacy statements. 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 Older Gamers site, please link to 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. Usernames: Usernames may be prohibited, changed or reallocated by The Older Gamers at the discretion of The Older Gamers. Where a permanent account ban is imposed, a Username will be locked. The Older Gamers will only change or reallocate a Username when The Older Gamers considers it reasonable and justified to do so. Such reason may include a request by the original user for a name change or to lift a ban and make an account active. Any such request must be in writing. Cheating, Hacking or Unauthorised modifications: You accept that cheating, hacking and unauthorised modification of games is inappropriate, a blight of the gaming community and will not perform such activities yourself. You will disclose to The Older Gamers should you become subject of any sanction related to cheating, hacking or unauthorised modifications. You understand that where a ban is imposed by a game protection system such as, but not limited to, VAC or Punk Buster, The Older Gamers may consider this as being evidence that you did use a cheat, hack or unauthorised game modification. In such a case, unless evidence is submitted that satisfies The Older Gamers to the contrary, an account ban may be imposed. Should the ban by the game protection organisation be lifted, you can request that TOG review the ban. You agree that you will not act in a way that is prejudicial to the good operation of any Game Protection System. Security / No Disruption: You are responsible for all activities using the Service, that occur under your password or account. You are responsible for keeping 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. 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, legal 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. The Older Gamers (TOG) and Father, 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. 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. 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. 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 email@example.com. You agree to refrain from using the Service in any manner that may be considered Advertising without first obtaining permission of The Older Gamers. Logo and Trademark: The Older Gamers and its logo are part of a registered trademark and cannot be used without specific consent by its 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. Merchandise and sales between member: The Older Gamers is not responsible for the production, sale or provision of The Older Gamers identified Merchandise. The Older Gamers is not responsible for any agreement or transaction between members in the transfer of ownership of any property using the Service or external to the Service. Responsibility rests solely with the seller and buyer. Modifications to this policy: The Older Gamers reserves the right to modify this policy 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, newsletter, or posted prominently on the Service. Information: Questions related to The Older Gamers Acceptable Use Policy should be addressed to Father or a TOG Administration member.