General Terms of Service and Guidelines
Effective Date: [22/09/2023]
Eclipse Gaming Pty Ltd ("Eclipse," "We," "Us")
This User Agreement ("User Agreement") governs your use of the web sites and interactive services (individually the "Service," collectively "Services") operated and provided by Eclipse Gaming Pty Ltd (ACN 145 421 683). By visiting or using our Services, you ("You," "User") agree to abide by the terms and conditions outlined in this User Agreement.
Changes to User Agreement
We reserve the right to modify this User Agreement at any time, with changes becoming effective immediately upon posting a revised User Agreement on our website. It is your responsibility to periodically review these terms, and continued use of the Services after any modifications indicates your acceptance of the updated User Agreement.
Service Availability
Our Services provide access to various online resources, including communication tools, online forums, and interactive features. Eclipse reserves the right to modify, suspend, or discontinue the Services temporarily or permanently at any time. We shall not be liable for any changes or discontinuation of the Services.
Additional Terms and Policies
In addition to this User Agreement, your use of specific Services may be subject to additional terms of use, including our Privacy Policy. Any amendments or updates to these terms will apply to your use of the relevant Service.
Account Creation and Usage
If you create an account within our Services, you must provide accurate and truthful information. Eclipse may suspend or terminate your access to the Services if we have reasonable grounds to suspect that you have provided false or incomplete information.
You are responsible for all activity on your Eclipse account(s) and must maintain the security of your login credentials. Do not share your username or password with others. Eclipse will not request your password. If you forget your password, you can request a new one via your registered email address.
Content Guidelines
Inappropriate, offensive, or illegal content, including but not limited to explicit language, discussions of illegal activities, and offensive speech, is not allowed within our Services.
Electronic Communication
By accessing our Services, you agree to receive electronic communications from Eclipse, including emails and posted notices within the Services. Such electronic communications satisfy any legal requirement for written communication.
Content Monitoring and Removal
Eclipse reserves the right to monitor communications within the Services to ensure compliance with our standards of conduct. We may remove any content that we deem objectionable or unsuitable. Eclipse does not endorse or prescreen user-generated content, and you indemnify us against any liability arising from such content.
Non-Confidentiality of User-Generated Content
Content you submit, including reviews, messages, and other user-generated content, is non-confidential and public. Others may view and use this content, and unsolicited communications may occur. Eclipse is not responsible for user-submitted content or resulting interactions.
Ownership and Use of User-Generated Content
You represent and warrant that your submitted content does not infringe third-party rights, is accurate, and will not cause harm to any person or entity. You grant Eclipse the right to use, modify, and distribute submitted content without compensation. Eclipse may also remove any content it deems in violation of third-party rights.
Liability and Indemnification
Eclipse's liability is limited to the extent permitted by law. You indemnify us from any claims arising from your use of the Services or your submitted content. You agree that Eclipse shall not be liable for indirect and consequential loss, including but not limited to loss of revenue, profits, or data, in contract, tort, under any statute, or otherwise.
Dispute Resolution
Any disputes arising out of or in relation to this User Agreement shall be governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales. Disputes may be subject to mediation and arbitration.
Invalid Provisions
If any part of this User Agreement is deemed invalid, the remaining provisions shall remain in effect. The terms "include" or "including" are not limiting.
Global Access
Our Services may be accessed worldwide, but Eclipse makes no representation that the content complies with laws outside Australia. Use of the Services from outside Australia is at your own risk, and you must comply with local laws.
Intellectual Property Rights
Eclipse owns all trademarks, logos, graphics, and service names associated with the Services. These intellectual property assets may not be used in connection with any product or service not owned or operated by Eclipse, or in any manner that could cause confusion or discredit Eclipse or any Services.
You may not use, copy, transmit, modify, distribute, or create derivative works from any content from the Services. All other trademarks not owned by Eclipse that appear on the Services are the property of their respective owners, who may or may not be affiliated with or connected to Eclipse. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you.
Copyright Infringement
Eclipse respects the rights of all copyright holders. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide the following information:
Eclipse welcomes links to this site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Eclipse. You must not use on your site or in any other manner any trademarks, service marks, or any other materials appearing on the Site, including any logos or characters, without the express written consent of the owner of the mark or materials.
Termination of Accounts and Services
You have the right to terminate or cancel your Eclipse account(s) at any time. Cancellation of your account(s) and/or ceasing use of any Services are your sole right and remedy with respect to any dispute with Eclipse. This includes disputes arising from any provision contained in these Terms of Use or any other agreement between you and Eclipse, such as content changes, your ability to access and/or use any Services, or changes to fees, taxes, or billing methods.
Eclipse reserves the right to collect fees, surcharges, or costs incurred before you cancel your Eclipse account(s) or a particular subscription. No refund will be granted upon termination or cancellation of your Eclipse account, and you will have no further access to your account or associated items.
Eclipse may immediately terminate any or all of your Eclipse accounts if any activity associated with such account(s) breaches these Terms of Use or applicable laws. Delinquent or unpaid accounts must be settled before Eclipse may allow you to create new accounts.
Third-Party Content and Services
Any software, content, and services not owned by Eclipse within the Services are considered "third-party content and services." Eclipse acts as an intermediary service provider and accepts no responsibility or liability for third-party content and services. Certain Services may include links to sites operated by third parties, including advertisers and content providers. Those sites may collect data or solicit personal information from you. Eclipse does not control such sites and is not responsible for their content, policies, or collection, use, or disclosure of any information those sites may collect.
Privacy Policy
Eclipse respects the privacy of Services users. Please review our Privacy Policy, which also governs your access to and use of the Services, to understand our policies and practices regarding your personal information.
Governing Law
These Terms of Use and any disputes arising from or in connection with them are governed by the laws applicable in New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.
No Waiver
A failure or delay by Eclipse to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by Eclipse does not preclude its future exercise or the exercise of any power or right.
Severability
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect. In these Terms of Use, the words "include" or "including" shall not limit what else may be included.
Global Access
Our Services may be accessed throughout Australia and overseas. Eclipse makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
Please also review our Privacy Policy for information on how we handle your personal data. If you have questions or concerns, contact us at info@skadap.com. Thank you for using Eclipse Gaming Pty Ltd's Services.
