TERMS AND CONDITIONS

Terms of Use

You are visiting a site (the "Site" ) which is either owned or operated by Realism Limited and we are pleased to give you access to the Site itself and related materials, including without limitation, user accounts, titles, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, transcripts of chat rooms, player profile information, recordings of games played, and any related documentation, applets, client or server software (collectively, "Site") free of charge. Your use of the Site is subject to the binding legal agreement set forth below ("Terms").

TERMS SUBJECT TO CHANGE

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Site, including, but not limited to (i) restricting the time all or any part of the Site is available, (ii) restricting the amount of use all or any part of the Site is permitted, and (iii) restricting or terminating any user's right to use all or any part of the Site, with or without notice; (b) charge fees in connection with the use all or any part of the Site; (c) modify or waive any fees charged in connection with all or any part of the Site; or (d) offer opportunities to some or all users of all or any part of the Site. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site, in whole or in part, or of any service, content or feature offered through the Services.

You understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of the Site following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Site will be subject to these Terms.

BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SITE FOR ANY PURPOSE.

BINDING ARBITRATION

These Terms are governed by, and will be interpreted in accordance with, the laws of New Zealand, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Realism Limited for any violation of Realism Limited's proprietary or other rights, any and all disputes relating to these Terms, will be resolved through the courts of New Zealand.

How You Can Use the Site

You may use the Site for your personal, non-commercial use. You may make a single, temporary copy of any applications that your device executes content your device displays when you use the Site, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from The Site, except as set forth in these Terms. Additionally, you may not frame or mirror any part of the Site without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; create a database by systematically downloading and storing content from the Site; Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.

Accounts

In order to access some features of the Site, you will have to create an account. You agree not to use another's account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Realism Limited will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Realism Limited or others due to such unauthorized use.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Realism Limited.

Realism Limited does not recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in the Site and any other attributes associated with your account or stored in the Site. Realism Limited does not recognize any virtual property transfers executed outside of the Site or the purported sale, gift or trade in the "real world" of anything related to the Site. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Site.

Content / Submissions to The Site

On some parts of our Site or otherwise in connection with your use of the Site, you may be allowed to post or link to content or applications or provide comments for others to see (such material is referred to herein as "Content"). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:

  • You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
  • While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Site;
  • You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Site;
  • You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms; and
  • For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Site, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Site; and we do not screen, monitor, edit or review Content before it appears on the Site. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Site. We can also suspend or terminate use of the Site by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using the Site, you may be exposed to Content that is offensive or objectionable.

No License Granted

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Realism Limited. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER REALISM LIMITED PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

Copyrights

The Site is owed by Realism Limited and protected by applicable law, with all rights reserved. Realism Limited takes the protection of intellectual property rights, including copyrights, very seriously. Realism Limited will terminate your access to, or use of, all or any part of the Site, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.

Trademarks

ESDAO and the Site are trademarks of Realism Limited. Other trademarks are the property of their respective owners.

Contests and Sweepstakes

From time to time, the Site might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.

Protecting Children

The safety of children is very important to us. Realism Limited intends for the Site to be a general audience site, however some parts of the Site may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering the Site) are commercially available that may assist parents in limiting access to content that may be harmful to minors.

Third Party Sites

The Site may contain links to other sites, applications or content, which links may appear to embed the Sites, applications or content hosted or provided by third parties into the interface of the Site. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Realism Limited is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth below and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using the Site, you expressly relieve Realism Limited from any and all liability arising from your use of any third-party sites, applications or content.

Conduct of Registered Users and Visitors

We believe that all users and visitors benefit from basic rules regarding conduct while using the Site. Widespread use and enjoyment of the Site is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:

  • You will follow these Terms and all applicable laws;
  • You will never give your password to anyone (no Realism Limited employee will ever ask for it) and you will not provide your billing or credit information directly to any person;
  • You will not harass, threaten or abuse other people when using the Site in any manner;
  • You will not make excessive challenges or invitations to other users;
  • You will not interfere with others' use of the Site or act in a way that negatively affects other users' enjoyment of the Site;
  • You will not cheat and you will not use "exploits" or "dummy accounts" in any way;
  • You will not participate in any action that, in the sole and absolute opinion of Realism Limited, results or may result in any authorized user of the Site being scammed or defrauded out of any items, benefits or services that such user has purchased or earned in connection with such user's use of the Site;
  • You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
  • You will not use or exploit any errors in design, features which have not been documented, or "bugs" to gain access, items, benefits or services in any way that is not generally known and intentionally made available by Realism Limited, and you will promptly report to Realism Limited your discovery of any such errors, features or bugs.
  • You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
  • You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
  • You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Realism Limited; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
  • You will not use the Site to harm minors in any way, or encourage interactions with minors of a sexual nature;
  • You will not manipulate the Site so as to hide your identity or participation in the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
  • You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Site, users' ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Site; and
  • You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Site.
  • You will adhere to and abide by any policies or rules posted by authorized moderators or Realism Limited representatives in the Forums.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice. In the event that your rights to use the Site are terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT Realism Limited IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

Indemnity

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD Realism Limited AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING LEGAL FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.

Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Realism Limited MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT Realism Limited DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, Realism Limited DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Realism Limited OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR OMAC INDUSTRIES, EVEN IF Realism Limited HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination

We can terminate your access to the Site at any time. We may also remove any Content that you post without cause and without notice to you.

We can also change these Terms at any time, and your continued use of The Site after any change we make will mean that you agreed with the changes. We will do our best to provide notice to you about any changes but this may not always be possible. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.

Entire Agreement

These Terms are the entire agreement between you and Realism Limited. They supersede any and all prior or contemporaneous agreements between you and Realism Limited relating to your use of The Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

This agreement is subject to change without notice. Last edited March 26th 2010

You can direct any questions concerning these Terms to info@realism.net.nz