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YOU AGREE TO BE BOUND BY THE Gamehog TERMS of Use by using the Gamehog Web Site.
Gamehog is a world wide web site owned and operated by Gamehog Limited(www.Gamehog.co.nz and "Gamehog"). By accessing any areas of www.Gamehog.co.nz, users ("User") agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms of Use").
User hereby affirms and warrants that User is currently over the age of eighteen years and are capable of lawfully entering into this agreement.
By electronically submitting an order via the www.Gamehog.co.nz web site, User is agreeing to be bound by all of Gamehog current terms and conditions related to the purchase or rental of Gamehog products. User's www.Gamehog.co.nz order will not be confirmed or processed unless User consents to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and interpreted by the laws of New Zealand, without regard to conflicts of law principles.
ACCESS:
User must be 18 years of age or older to receive a membership and become a User.
User agrees to be personally liable and fully indemnify Gamehog for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from Gamehog, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this service including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
MEMBERSHIP:
Membership dues are non-refundable. Members may cancel themselves at any time online by going to the cancellation page.
Some or all of the following fees and charges may be incurred by you: a. Subscription Fees. You are responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable. AUTOMATIC RENEWAL - Subscription fees are automatically renewed, and therefore automatically credit card debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least seven (7) days prior to renewal. b. Full payments for all goods and services ordered at, through and/or from this service and its licensees.
COPYRIGHTS:
All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©-2005, Gamehog. ALL RIGHTS RESERVED. Any other use of materials on this web site--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of Gamehog is strictly prohibited.
TRADEMARKS:
Gamehog, www.Gamehog.co.nz, The Gamehog design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Gamehog. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
DISCLAIMERS:
Gamehog IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. Gamehog DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, Gamehog DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
IN NO EVENT SHALL Gamehog BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.
CONTENT:
Proprietary Rights:
User acknowledges that www.Gamehog.co.nz contains information, data, software, photographs, graphs, digital video discs, video compact discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under New Zealand Copyright laws and Gamehog owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
Our web site contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Gamehog site or any action being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Gamehog by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of Gamehog or the appropriate third party. ALL PERFORMERS IN ALL OF THE GAMES DISTRIBUTED BY Gamehog ARE 18 YEARS OF AGE OR OLDER.
THIRD PARTY CONTENT:
Gamehog is a distributor and not a publisher of Content supplied by third parties and Users. Gamehog has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of www.Gamehog.co.nz are those of the respective authors or distributors and not of Gamehog or its affiliates, or any of their respective officers, directors, employees or agents. Neither Gamehog or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of Gamehog guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Gamehog represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with Gamehog. Gamehog neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.Gamehog.co.nz by anyone other than authorized Gamehog employees. Under no circumstances shall Gamehog or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through www.Gamehog.co.nz . It is the responsibility of the User to evaluate the information, opinion, advice, or other Content available through Gamehog.
Gamehog ONLINE RIGHTS:
Gamehog may elect to electronically monitor the User submit areas and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to operate www.Gamehog.co.nz, or (iii) to protect the rights or property of Gamehog, its Users, Sponsors, Providers, Licensors or Merchants.
Gamehog is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, Gamehog may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.Gamehog.co.nz.
Gamehog reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual Users, Gamehog, the communities which make up Gamehog, or any rights of Gamehog or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Gamehog nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Gamehog or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.Gamehog.co.nz.
TERMINATION OF USAGE:
Gamehog may terminate User access, or suspend any User's access to all or part of Gamehog, without notice, for any conduct that Gamehog, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or Gamehog.
MISCELLANEOUS:
Users may not use Gamehog to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.
Gamehog SERVICE TERMS AND CONDITIONS:
You must agree to these terms and conditions before you can become a member of this site.
ACCESS AND MEMBERSHIP:
"By subscribing to this service ("Gamehog"), I ("Subscriber") agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are myself (the Subscriber) and Gamehog. This Agreement is subject to change by Gamehog at any time, and changes are effective upon notice to the Subscriber."
"In order for me to become a member, I must be at least 18 years of age or older. I certify that I am 18 and capable of lawfully entering into this agreement."
"Gamehog reserves the right to reject submission deemed to be in violation of these terms and conditions, or any incomplete or illegal submission."
"Processing and delivery times may in practice limit the number of video games Subscriber can rent each month."
BILLING:
"Subscriber will be billed a flat fee including GST, if applicable, once a month and Subscriber may cancel at any time."
"Subscriber's membership fees includes ALL postage and handling charges."
PLANS:
"Subcriber may change plans at any time."
"Upgrades in plans will only result in billing the difference of the plans."
"Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited."
"Future billing cycles will be billed at the new rate."
CANCELLATIONS:
"Subscriber may cancel online anytime."
"Cancellations take effect immediately. No refunds or credits will be given for partial months of use."
"All rented Games must be returned to Gamehog within 7 days of cancellation."
"After Cancellation any unreturned rentals will be subject to standard Gamehog restocking fees based on the Manufacturer's Suggested Retail Price for the Game."
SPECIAL OFFERS AND INVITATIONS:
"Invitations and special offers are available only for first-time Gamehog customers, unless stated otherwise on the offer."
"Each promotion code is limited to one per household and cannot be combined with any other offer(s)."
"Offers are valid only within New Zealand, are not transferable and are void where taxed or otherwise prohibited by law."
"Once redeemed, all promotional offers are final and are not eligible for refund or return."
MISCELLANEOUS:
"I agree to be personally liable and fully indemnify Gamehog for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from www.Gamehog.co.nz , alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from www.Gamehog.co.nz, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s)."
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