Please read these terms of service (“Terms”) carefully before using the Pinballs R Us website ("Site"). To use this site and access its content (“Content”) and the online and off line products and services, chat rooms, bulletin boards and other services available through the site (“Services”) you must agree to these Terms by following the registration process set out below.

Registration and use of this website indicates that you accept and agree to be bound by these Terms, which will then constitute an agreement between you and The Australian Pinball Company Pty Ltd (ACN 132 912 326 trading as Pinballs R Us (“Pinballs R Us”). If you do not accept these Terms, do not use this website.

2. User Types

 

Pinballs R Us reserves the right to reject any Application for people wishing to access the Site (registered as a "User"). A User registration cannot be assigned or transferred.

3. Registration Process

 

All persons who wish to become Users must register using Pinballs R Us’s registration process. This requires you to provide certain information about yourself (“Registration Information”).

All Registration Information provided by you must belong to you and be true, accurate, complete and up to date and by registering you warrant to Pinballs R Us that this is the case. You must notify Pinballs R Us within 14 days of any Registration Information changing.

Confirmation from Pinballs R Us that your Registration Process is complete does not constitute an acceptance of your registration. Pinballs R Us may require additional verification information before accepting your registration and reserves the right at any time to decline, suspend, or terminate your registration for any reason.

You will be notified once you have been accepted to be registered as a User and upon your payment of all applicable fees, should any be payable, you will receive a registration of duration as detailed by your program contract, entitling you to such access to the Site, the Content and the Services as your User type and program contract allows.

4. User Name and Password

 

Upon registration you will obtain a username ("User Name") and a password. Your User Name will be used to identify you on the Site. You may log in to the Site, access or use the Content and the Services or modify your Registration Information, only by using your User Name and password. You may not have more than one account or User Name with Pinballs R Us.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your User Name and password. You must notify Pinballs R Us immediately at info@pinballsrus.com.au of any unauthorised use of your account or any other breach of security which you are aware of or suspect.

5. Fees

 

Upon Pinballs R Us notifying you that it agrees to register you as a User and where any fees are payable, you must within 72 hours pay the fees determined and displayed by Pinballs R Us from time to time on the Site applicable to the nature of your registration, use of the Site and/or to the nature of the Services or the Content made available to you (“Fees”).

Where a third party is responsible for paying the Fees of a User or group of Users, the User has no financial obligation to Pinballs R Us except where a Fee is specifically quoted in relation to a product or a service.

The Fees are subject to change at any time and for any reason.

As User, you are responsible for paying all applicable taxes for services and any other costs you incur through the use of or access to our servers, products and services

All Fees are quoted and payable in the currency quoted on the Pinballs R Us website.

Pinballs R Us may provide links to other sites on the World Wide Web. Some of the Internet sites you visit through these links assess separate charges for the content, goods or services they provide. Costs, taxes or other charges you incur when visiting these websites are your sole responsibility.

You are responsible for all Fees incurred on your account arising from access to the Site through your User Name and password and irrespective of who makes such access.

You may contact info@pinballsrus.com.au concerning the billing of registration dues, fees or charges or other questions regarding the status of your registration account. If your inquiry is not resolved to your satisfaction within fifteen (15) business days of sending email and in no event later than ninety (90) days after you should have discovered a questionable billing or other discrepancy in your registration account, you should write to "Accounts Department”, Pinballs R Us, PO Box 6128, French’s Forest, NSW 2086, Australia.

Pinballs R Us accepts major credit cards including Visa and Master Card as forms of payment. You can also request that Pinballs R Us accept bank drafts including personal cheques, money orders, cashiers cheques, and company cheques made payable to Pinballs R Us. However, for these non-credit card payment methods, Pinballs R Us may not credit your account until additional registration application procedures are completed and after our bank certifies receipt of funds - typically ten (10) business days. Pinballs R Us may charge a reasonable handling fee, up to any maximum allowable by law, for each cheque returned unpaid for insufficient funds or any other reason.

Pinballs R Us expects you to ensure that your registration account balance is paid on time. To register, you must submit an accompanying payment and/or payment authorisation. If your credit card expires or otherwise declines payment your registration will be suspended. Thereafter, you have thirty (30) calendar days from the date your registration became due to submit payment before your registration will terminate. You are responsible for your registration dues, and fees and charges, including collection and legal fees, Pinballs R Us may incur in collecting a balance owed by you. You must also pay to Pinballs R Us interest at the rate set under the Penalty Interest Rates Act (NSW) from time to time, plus 2%, on all amounts due and not paid to Pinballs R Us in accordance with these Terms, for the period until such amounts are paid to Pinballs R Us. Such interest will be due and payable on a continuing basis until paid.

Your registration may be cancelled or terminated at any time in accordance with these Terms. However, no portion of your outstanding or pending payments for registration dues, fees, or charges is refundable by Pinballs R Us. You will remain liable for any outstanding registration dues, fees, charges, or other monetary obligations incurred hereunder before cancellation or termination of your registration.

6. Extraneous Material

 

Pinballs R Us may from time to time establish or change a privacy policy, a fee schedule and any other material it considers appropriate to form part of these Terms and links to the Site (“Extraneous Materials”). The Extraneous Materials as current and displayed at or linked to the Site from time to time will form part of these Terms.

In the event of any inconsistency or conflict between the Extraneous Materials and the Terms appearing in this document, the Terms appearing in this document will prevail.

7. Offensive Material

 

The Site, the Content and the Services may contain or direct you to Pinball and other Entertainment Games which may be sexually explicit or which you might find offensive. If you do not want to view or may be offended by such material, do not use the Site.

8. Use of Members Forum and Bulletin Boards

 

If you use a forum or bulletin board on the Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the forum or bulletin boards. Pinballs R Us is not responsible for the consequences of any communications in the forum or bulletin boards. In cases where you feel threatened or believe someone else is in danger, you should immediately notify Pinballs R Us and your local law enforcement agency.

The following actions are prohibited and will constitute a material breach of these Terms:

a. Using a forum or bulletin board for any purpose in violation of local, state, national, or international laws
b. Posting material that infringes on the intellectual property rights of others or on the privacy rights of others
c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity
d. Posting advertisements or solicitations of business
e. After receiving a warning from Pinballs R Us, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed
f. Posting chain letters or pyramid schemes
g. Impersonating another person
h. Distributing viruses or other harmful computer code
i. Harvesting or otherwise collecting information about others, including email addresses, without their consent
j. Allowing any other person or entity to use your identification for posting or viewing comments
k. Posting the same note more than once or "spamming" or
l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Pinballs R Us, exposes Pinballs R Us or any of its customers or suppliers to any liability or detriment of any type.

Subject to its Privacy Policy, Pinballs R Us may, but is not obliged to, do any or all of the following:

m. Provide forums or bulletin boards and record the dialogue in forums or bulletin boards.
n. Investigate any allegations about compliance of communications with these Terms.
o. Remove or require the removal of communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
p. Terminate a user's access to any or all forum or bulletin boards and/or the Site upon any breach of these Terms.
q. Monitor, edit, delete or disclose any communication in the forum or bulletin boards.
r. Take any action it deems necessary to protect the personal safety of Users.

9. Ownership and use of Content and Intellectual Property

 

Subject to compliance with these Terms, Pinballs R Us grants all users for the term of their registration the non-exclusive right to view, download, print or otherwise reproduce in unaltered form a single copy of any material on the Site (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use or use within your organization provided that you must include the following copyright notice: "Copyright ©2004, The Australian Pinball Company Pty Ltd. All rights reserved" and retain any other copyright and proprietary rights notices appearing in or applying to the relevant material. Pinballs R Us may also grant additional rights to users allowing for commercial or other use of specified site materials or content.

Certain software and other material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions. These rules and conditions form part of these Terms.

The content, layout, design, concept, and organization of the Site, the Content and the Services may all be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights belonging or licensed to The Australian Pinball Company Pty Ltd (“IP Rights”).

You acknowledge and agree that:

a. as between you and Pinballs R Us, Pinballs R Us owns all right, title and interest in the IP Rights and that you will not do any thing to or which might hinder, impede, invalidate or challenge Pinballs R Us’s ownership of or entitlement to use of or the registration of any part of the Intellectual Property or which might diminish the value of the Intellectual Property;

b. any use of the Services, Site, Content, and/or the IP Rights, other than as expressly permitted by these Terms or by law, is not licensed and is strictly prohibited; and

c. you will obtain the express written permission from Pinballs R Us before you copy, upload, transmit, reproduce, distribute or in any way exploit any Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Site.

10. Content

 

The content and features of the Site, the Content, Products and Services and any part of any of them may at any time and without notice be changed or terminated by Pinballs R Us in its absolute discretion. Any modification is effective immediately upon either a posting on the Pinballs R Us Terms of Service page, or by a message from Pinballs R Us sent by electronic mail, or by conventional mail. If any such modification to these Terms is unacceptable to you, you may immediately terminate your registration. However, if following notice of any such modification you do not terminate your registration, or continue to use the Content, Products, Services or the Site, your continued use will mean that you have accepted that modification and remain registered as a User.

Registration with Pinballs R Us enables Users to provide addresses, phone numbers, descriptions, pictures, comments and other content ("User Content") to the Site. When you post User Content on the Site, you understand and agree that it can be viewed and used by other visitors to the Site.

You represent and warrant that you own or otherwise control or are licensed or otherwise entitled to use all of the rights to your User Content and that display of your User Content on the Site or any use made of it as contemplated by these Terms whether by Pinballs R Us, other Users or third parties, will not infringe the rights of any third party and that your User Content is true, accurate, complete and up to date.

By registering as a User of Pinballs R Us and posting your User Content on the Site, you hereby:

a. grant Pinballs R Us a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free licence to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from your User Content in any form, media or technology, whether now-known or hereafter developed;

b. consent to Pinballs R Us undertaking any or all acts or omissions in respect of the any copyright works within your User Content which it may reasonably require consistent with its provision and maintenance of the Site, the Content and the Services in connection with all Users; and

c. indemnify Pinballs R Us against any liability, costs, claims, loss or expense incurred as a result of or arising from this and from any acts or omissions by Pinballs R Us in respect of your User Content.

11. Disclaimer

 

The use of the Site, the Content and the Services is at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of Pinballs R Us and its suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. Pinballs R Us is not responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, which is beyond its control.

Pinballs R Us does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any Content or Services, including information provided by Pinballs R Us, its employees, agents or contractors or by others, is solely at your own risk.

Pinballs R Us does not endorse or verify the accuracy of the content on any third-party websites. Pinballs R Us has no control over and is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not endorse or make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Pinballs R Us does not endorse any product advertised on the Site.

Pinballs R Us accepts no responsibility for any medical events, injuries, illness or other outcomes related to or resulting from the provision or use of the Services.

Neither Pinballs R Us nor any of its affiliates, agents, contractors, employees or Professionals assume any legal responsibility for any incorrect or misleading information contained within the Services.

Pinballs R Us assumes and accepts no liability or responsibility to Users or any other person or entity in connection with any representations, acts or omissions by any person within or arising from any forums or bulletin boards available from the Site.

Pinballs R Us makes the Content, the Services and the Site available to Users on the basis that they will act appropriately, professionally (where applicable) and responsibly. If as a User you do not, you must bear full responsibility for your actions.

Pinballs R Us is based in Sydney, Australia. Pinballs R Us makes no claims that the Site, the Content or the Services are appropriate, legal or may be downloaded outside Australia. Access to Site, the Content or the Services may not be legal by certain persons or in certain countries. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

12. Liability

 

To the fullest extent permitted by law, all conditions and warranties concerning the Site, the Content and the Services (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded. The liability of Pinballs R Us for breach of any warranty or express or implied condition of these Terms, to the extent permitted by law, will be limited, at the option of Pinballs R Us, to the supplying of the relevant products and / or services again or the payment of the cost of having those products and / or services supplied again. Specifically, Pinballs R Us makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the Site, the Content or the Services or any software, text, graphics, videos, links, or communications provided on or through the use of the Site or Pinballs R Us.

To the fullest extent permitted by law in no event shall Pinballs R Us, its officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Site, the Content or the Services, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not Pinballs R Us is or ought to have been aware of, or advised of the possibility of such loss, costs or damages.

To the fullest extent permitted by law:

a. Pinballs R Us is not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;
b. any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred;
c. remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms; and

d. Pinballs R Us shall not be liable to you or to any third party for termination by Pinballs R Us in accordance with these Terms of your registration as a User or of the Site, the Content or the Services or any part thereof.

13. Indemnity

 

As a User you agree to defend, indemnify and hold harmless Pinballs R Us, its officers, directors, employees and agents from and against all claims, demands, actions, suits, loss, damages, liabilities and costs (including solicitors’ costs on a solicitor and own client basis) related to or arising directly or indirectly from any and all:

a. conduct of you and of Pinballs R Us, its officers, directors, employees and agents as contemplated by these Terms including performance by you and Pinballs R Us, its officers, directors, employees and agents of their respective obligations under these Terms;

b. breaches by you of these Terms;

c. access to or use of or inability to access or use, the Content, the Services or the Site;

d. conduct and activities occurring under your User Name and password;

e. inaccurate, misleading or deceptive, defamatory, libellous, unlawful or illegal material contained within your User Content or your information and data;

f. claims or demands, whether or not proven, made by any third party, due to or arising from any breach by you of these Terms or any use of the Site, the Content or the Services by you or any person using your User Name and password, or on the basis that your User Content or your information and data infringes or may infringe any third party's patent, copyright or other intellectual property, or any moral, privacy or publicity rights; and

g. access to, reliance upon or use of your User Content or your information and data by Pinballs R Us or any third party.

14. Term and Termination

 

These Terms, as amended from time to time, shall be effective for as long as you use the Services and/or remain registered as a User.

Pinballs R Us may at any time terminate your registration as a User immediately without any notice if in its opinion you

(i) breach these Terms

(ii) commit any dishonest or fraudulent act;

(iii) behave in a manner which in the reasonable opinion of Pinballs R Us might tend to adversely affect the reputation or public image of Pinballs R Us;

(iv) become bankrupt;

(v) infringe any intellectual property right or privacy, moral or publicity right of Pinballs R Us or any third party.

Termination of your registration does not relieve you of your obligation to pay any Fees accrued or payable to Pinballs R Us prior to the effective date of termination.

Upon termination of your registration:

a. your User Name and password will be cancelled and you will no longer be able or entitled to Access the Site, the Content or the Services;

b. the perpetual license you have granted to Pinballs R Us to use your User Content shall continue;

c. your licence to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content; and

d. any provisions of these Terms, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms. These shall include without limitation paragraphs 9, 10, 11, 12 and 13 and any other provision in these Terms where such survival is expressly stated.

15. General

 

These Terms contain the entire terms and conditions that apply to your registration as a User and your use of the Site, the Content and the Product and / or Services.

Your rights and obligations under these Terms may not be transferred or assigned directly or indirectly without the prior written consent of Pinballs R Us.

If the whole or any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

A waiver by Pinballs R Us of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.

Pinballs R Us will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.

These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia and each of you and Pinballs R Us submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.

Except as explicitly stated otherwise, all notices permitted or required under these Terms shall be by email, to Pinballs R Us at info@pinballsrus.com.au  and to you at the email address you provide Pinballs R Us during the registration process, or to such other address as either of us shall notify to the other in writing. Notices shall be deemed to have been received 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.