User Licence Agreement

Last updated February 2013

Welcome to the INTERCEPT3D User Licence Agreement.

How to play INTERCEPT3D can be found here.

By installing this app on a device or using this app you agree to the terms of our user licence agreement and privacy policy. You may read them below or access the latest version of these terms via our website http://www.intercept3d.com.

The INTERCEPT3D App is produced by Sunshine Initiative Australia ABN 61 065 889 581. When you read words ‘us’, ‘our’ or ‘we’, it means Sunshine Initiative Australia. The words ‘you’ or ‘your’ means you, the user of this App or visitor to our website.

Contact us.

EXISTING AGREEMENTS

This agreement applies in addition to any agreement that you have already entered into with the provider of the platform where you are downloading this app to your device, including payment terms.

SCOPE OF LICENCE

When you purchase this app you purchase a license to use this app on your device for your own non-commercial entertainment purposes. You agree not to use this app for any other purpose.

You do not own this app. Your license to use this app is non-exclusive and non-transferable and can be revoked by us. If we disable the ability to use the app on your device pursuant to your agreement with us, any associated license rights will terminate.

This app is available on different devices and this User License Agreement permits you to use the app on one type of device only.. You will need to download the appropriate version to each different device. Each additional device may attract an additional fee.

RULES FOR USE

You agree to use this app and any account created for the use of this app in accordance with the following rules:

  • Do not post or distribute any material or information that other users are likely to consider inappropriate, profane, defamatory, infringing, obscene, indecent.
  • Do not behave toward other users in a way that is likely to distress them.
  • Do not harvest or collect information about others users without consent.
  • Do not upload any material protected by intellectual property laws unless you own or control those rights or have received all necessary consents.
  • Do not upload any material that has been altered to remove proper legal notices.
  • Do not download another user’s content without their permission.
  • Do not conduct or forward spam, surveys, contests, pyramid schemes or chain letters.
  • Do not restrict or inhibit any other user from using and enjoying our services.
  • Do not violate any code of conduct or other guidelines which we proscribe.
  • Do not violate any applicable laws or regulations.
  • Do not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

You may be invited to create an account for the use of this app. If you create an account:

  • You agree to hold only one account per platform at any given time and you agree not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You agree to keep your login details confidential and not to share those details with anyone else;
  • You agree to monitor your account and restrict use by minors. You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of this app by minors in connection with your account.
  • You are responsible for all content created on or using your account;
  • You are responsible for all use of your account including any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits);
  • You will not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
  • You will not use your account to engage in any illegal conduct;
  • We may remove your account or ban you from playing INTERCEPT3D for any reason without liability.

AGE RESTRICTION

By downloading this App you represent that you have reached the age of ‘majority’ where you live or that you are the parent or legal guardian of a minor and are accepting and agree to be bound by this agreement on the minor’s behalf.

INTERNET ACCESS

You may incur charges related to Internet access, data transfer and other services in accordance with the terms of any data service plan or other agreement you have with your network operator.  You are solely responsible for any network operator charges.

COMPLIANCE WITH LAW

It is your responsibility to comply with all laws and regulations regarding your use of this app or our website.  If you are a person barred from using the app or our website under the laws of New South Wales, Australia or the laws of the country from where you use the app, then you must not accept this User Agreement, nor use the app or website.

COPYRIGHT

The app and this website are controlled and operated by us.  All material within the app or this website, including but not limited to images, illustrations, audio recordings and video recordings, are protected by copyright, which is owned or licensed and controlled by us.

You must not copy, adapt, modify, print, display, reproduce, distribute or publish any copyright material from this app or our website without our express written permission. In addition, you must not decompile, reverse engineer, modify or disassemble any of the software supporting this app. If you believe we have infringed your copyright, then please contact us to discuss your concerns.

DCMA

The Digital Millennium Copyright Act is United States legislation that provides copyright owners who believe that their rights have been infringed by acts of third parties over the Internet to take action to protect their rights.

If you believe your rights have been infringed by us or a user of the INTERCEPT3D app, please contact us with a description of and link to the infringing work, why you are entitled to copyright protection and your full contact details. We may require further information to investigate your claim. The party complained about may defend a claim for breach of copyright.

If we may terminate access to our app for users found responsible for repeated copyright breaches.

UNSOLICITED CONTENT

We welcome feedback from our users. You acknowledge that any unsolicited suggestions or feedback regarding the operation of our app or website may be used by us for any purpose without notice, acknowledgement or compensation to you and you will have no rights associated with our use of any suggestion or feedback.

FEEDBACK AND TESTIMONIALS

Feedback scores and comments displayed at the point of sale of our app are unsolicited and independent of Sunshine Initiative Australia. Any testimonials provided on our website may have been requested by us. Any testimonial displayed on our website is from a real user and we make an effort to ensure those testimonials remain current and applicable to our services.

OWNERSHIP OF YOUR ACCOUNT

Your account details remain the property of Sunshine Initiative Australia. Your account will usually remain active until a request for termination is received by us. However, we reserve the right to delete an account that has been inactive for 180 days.

If as a result of your use of our app or website you enter into dispute with another user, we have no obligation to mediate or otherwise become involved in that dispute.

RIGHT TO REGULATE

You acknowledge our right to monitor the app to protect us, third parties, our customers and to comply with legal obligations or governmental requests.  We reserve the right to terminate access to our app, remove information or refuse to remove any information including but not limited to user provided content, in whole or in part, for any reason.

If we suspect that you are misusing our app in any way we can suspend or terminate your access without explanation or compensation.

ADVERTISING

We may sell advertising space on our app or website. If you are interested in purchasing advertising space, please <contact us insert link> for applicable terms.

DISCLAIMER

You specifically acknowledge and agree that your use of this app, website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website.

We make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on this app or website, for any purpose, to the maximum extent permitted by applicable law, anything contained on this app and website are provided “as is” without warranty or condition of any kind.

This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

LIMITATION OF LIABILITY

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way. In addition, where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

GOVERNING LAW

This User Agreement shall be governed by the laws of New South Wales, Australia.

Any action you, any third party or us bring to enforce this User Agreement or, in connection with, any matters related to this app will be brought only in the courts of New South Wales, Australia, and you expressly consent to the jurisdiction of those courts.

Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of New South Wales, Australia.  No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from a New South Wales, court respecting this User Agreement.

ENTIRE AGREEMENT

This User License Agreement, or terms of use and our privacy policy form the entire agreement for your use of this app.

SEVERABILITY

If any provision of this User License Agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the agreement shall continue in full force and effect.

 

PRIVACY POLICY

INFORMATION COLLECTION

When you use our app or visit our website, we collect information sent to us by your computer, mobile phone, or other access device.

We may collect the following types of personal information in order to provide you with the use and access to our website and our app:

  • email address, phone number, mobile telephone number, physical contact information and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
  • personal information you provide to us through community discussions, member information pages, correspondence, chats, dispute resolution, or shared by you from other social apps, services or websites;
  • information from your interaction with our websites, services, content and advertising, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the websites, ad data, IP address and standard web log information.

COOKIES

As with most websites, we use “cookies” to help you personalize your online experience. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our services or website.

A cookie is a text file that is placed on your hard disk by a web page server that allows us to associate information we may have collected with you. One of the primary purposes of cookies is to save you time. The cookie notifies the web server that you have returned to our website. When you return, the information you previously provided can be retrieved from our log information and used by you. If you tick a box asking to remember your password, you are probably activating a cookie.

LOG INFORMATION

Our services automatically record information (‘log information’) created by your use of the app. We cannot collect this information without an active cookie. This information may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and App IDs, search terms and cookie information.

We do not retain or store credit card information.

INFORMATION SHARING AND REGISTRATION WITH SOCIAL MEDIA WEBSITES

Some services may be integrated with external services, including social media networks.  This may mean that information, for example your interests and activities, is tracked, pulled from or pushed to other places (such as Facebook).

If you are signed in to our service that is integrated with other media tools, this information may be available to others depending on the privacy settings you have in place on other platforms.

USE

We use the information we collect in a number of ways:

  • to operate our websites and apps and provide the information and services you ask for;
  • to deal with your customer service requests;
  • for internal analysis and research to improve our websites and other products and services;
  • to send you newsletters and marketing information about products and services, and offers;
  • to send administrative emails (for example, if you forget your password);
  • to prevent and detect fraud and abuse of our websites, apps or services.

OUR DISCLOSURE OF YOUR INFORMATION

We may use an authorised third party provider to store the collected information or provide customer service and will use commercially reasonable steps to ensure the integrity and security of those storage and service provision systems. We require all third party contractors to protect all personal information that they may gain access to in order to provide services on our behalf.

We will not otherwise disclose your information to third parties unless legally compelled to do so.

You understand that if you create an account and profile for interaction with other users of our app or website you user name and profile image will be publically available and may be indexed by search engines.

NO SPAM, SPYWARE OR SPOOFING

We do not tolerate spam. To report spam or spoof emails to us, please forward the email to contact us.

We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. We do not rent or sell these email addresses.

ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION

The accuracy of your personal information is important to us.   We will take reasonable steps to ensure personal information we hold about you is accurate, complete, up-to-date, relevant and not misleading. If you believe that any personal information we hold about you is incorrect, please contact us.

You have a general right to access and or request correction or update the personal information we hold about you. You may contact us to request details of your personal information.

We can deny your request in some circumstances and if we do so, we will provide you with written reasons for that denial.

While there is no fee for requesting access to the personal information we hold about you, we reserve the right to charge a reasonable fee for the preparation and provision of that information to you.

We reserve the right to refuse to correct your information in some circumstances. If we refuse to correct any personal information about you, you may request that a note or statement regarding the correction requested be attached to your personal information.

HOW WE PROTECT AND STORE PERSONAL INFORMATION

We take commercially reasonable steps to protect your personal information.  This includes setting up processes and procedures to minimise unauthorised access to or disclosure of your information.  However, we do not guarantee that we will eliminate all risk of misuse of your personal information by intruders.  Please keep any passwords for your accounts safe and do not disclose them to anyone else.  You must contact us immediately if you become aware of any unauthorised use of your password or other security breach.

Discussion forums and other community areas accessed via our websites and apps are open to the public.  You should avoid disclosing any information in these areas which may identify you or anyone else.  We are not responsible for the protection or security of information which you disclose in these areas.

We will take reasonable steps to ensure personal information we hold about you is protected from risks such as loss, unauthorised access, use, destruction, modification or disclosure.

No data transmission over the internet is totally secure. As a result, any personal information you send to us over the Internet (including via email) is sent at your own risk.

CONTACT US

We welcome your feedback. If you believe that we have not adhered to the terms of this Privacy Policy, please contact us at contact us. We will use commercially reasonable efforts to promptly determine and remedy the problem.

 

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