User Agreement
Welcome to the Base Media Network. We look forward to your involvement with our sites and services. Before you begin, please take a moment to review this User Agreement. The User Agreement ("Agreement") is an agreement between you (referred to hereinafter as "You", "Your," "Member," "Visitor", or "User") and Base Media (referred to hereinafter as "We", "Us", "Our"). It is important that you understand both the benefits we provide, as well as our limitations.
This Agreement applies to all websites in the Base Media Network, which we refer to as "Base Media Network Sites". Base Media Network Sites include, but are not limited to, BaseMedia.com.au and ConsoleDatabase.com. Please note that this Agreement applies only to sites within the Base Media Network and not to web sites or services provided by other companies, organisations, or individuals to which we link, or have developed web sites for. Throughout this Agreement, Base Media Network Sites may be referred to as "Sites". This term covers the websites themselves and the services contained within them.
While each of the Sites in the Network offer a different combination of services and tools, this Agreement reflects our approach to usage across all of our Sites. This agreement also contains some information that is specific to certain Sites in the Network, and those sections are marked accordingly so you will know which sections are relevant to the site you are a User of. All other parts of this Agreement that are not marked as Site-specific, apply to all Sites in the Base Media Network.
Conditions of Use
Base Media provides its services to you subject to the following conditions. If you visit a Base Media Network Site and/or become a member of a Base Media Network Site, you accept these conditions. Please read them carefully. Additional terms and conditions are contained in certain other service-specific license agreements or usage terms, which you will be notified of at the time of your registration for the applicable services.
Base Media reserves the right to suspend or permanently ban users who do not adhere to the terms outlined in this User Agreement.
Availability
The Agreement is accessible through Base Media Network Sites in several ways, including from a link entitled "User Agreement" at the bottom of the Sites' home page and various other pages throughout the Site(s). You can view these terms, conditions and notices (these "Terms") at any time at: http://www.basemedia.com.au/useragreement/.
Changes to Agreement
You acknowledge that this Agreement may change over time. If we make major material changes to the terms of this Agreement that will have a strong impact on users, we will give you 30 days notice of those changes ("Notice Period") through reasonably prominent disclosure, including via email (if you are a member). However, you should check the relevant Base Media Network Site(s) regularly for these and other important announcements. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may discontinue use of the relevant Base Media Network Site(s) and/or terminate your membership. Your continued use of Base Media Network Sites following the Notice Period signifies your binding acceptance of the changes.
Privacy Policy
Base Media respects your privacy and has developed a detailed Privacy Policy that is accessible through Base Media Network Sites in several ways, including from a link entitled "Privacy Policy" at the bottom of the Sites' home page, and also via a Platform for Privacy Preferences (P3P) Compact Policy, which can be seen in the "Privacy" section of your Internet browser, or at http://www.basemedia.com.au/w3c/privacypolicy.xml. Please take the time to read our Privacy Policy as well to understand our practices. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.
Our Services
- Services contained in Base Media Network Sites. Our Sites contain various communication tools, online forums, personalised content and vast sources of information in our Network Sites. Some Sites offered in the Base Media Network and their services are presently provided free of charge. It is possible that this could change in the future.
- Service Limitations. We will do our best to ensure you have a pleasurable experience whilst using Base Media Network Sites. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalisation settings or other service interruptions. For this reason, you agree that Base Media Network Sites, including the services provided by third parties, are provided "AS IS". Base Media, Base Media Network Sites nor our third-party service providers cannot assume responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalisation settings.
- Service Changes and Discontinuation. Base Media reserves the right to change or discontinue, temporarily or permanently, the Sites and the services they provide at any time without notice. You agree that Base Media will not be liable to you or any third party for any modification or discontinuance of these Sites and services.
Electronic Communications
When you visit a Base Media Network Site or send e-mails to one of our Sites, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on Base Media Network Sites, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Base Media or its content suppliers and protected by copyright laws. The compilation of all content on this site is the exclusive property of Base Media and protected by copyright laws. All software used on this site is the property of Base Media or its software suppliers and protected by copyright laws.
Trademarks
Base Media, Console Database, CDb and other marks indicated on our Sites are trademarks of Base Media. All other trademarks not owned by Base Media that appear on our Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Base Media or its affiliates.
License and Site Access
Base Media grants you a limited license to access and make personal use of our Sites and not to download (other than page caching) or modify our Sites, or any portion of them, except with express written consent of Base Media. Our Sites or any portion of our Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Base Media. This license does not include any resale or commercial use of our Sites or their contents or any derivative use of our Sites or their contents.
Use of Content and Images
You agree that you shall not copy any content (including text and images) from any sites within the Base Media Network for any purpose. If you wish to use any content from these sites, please contact the site using the appropriate contact form or email address for that site. If you are a journalist who would like to use images or information for your article, please contact the site for permission and give an outline of how you intend the content to be used. If you are wanting to use game rarity information from Console Database in an online auction listing (such as eBay), you may do so, but only if a link is provided back to Console Database so viewers of your listing know where the data was retrieved from (this will also help back up your rarity rating claim if the viewers can see the rating has come from a trustworthy source). You are not, however, allowed to use images from this site in your auctions as these are unique depictions that are likely to be misrepresentative of your auction item.
Ad Blocking
Base Media Network Sites do not contain pop-up or pop-under ads, however, some Sites in the Network contain non-intrusive text and banner ads. These sites rely upon the profits generated from these ads in order to pay the running costs of the site so they can remain free services for you. Without the advertisers paying these bills, the sites would either cease to exist, or become subscription-only services. In order to keep these sites free, these ads need to be seen by site visitors. For this reason, it is a condition of use that you shall not block these ads. If you have ad-blocking software on your computer, you should disable ad-blocking for Base Media Network Sites. Ad-blocking software is also known to sometimes block out more than just ads - sometimes removing important content from pages. Neither Base Media nor Base Media Network Sites will be held responsible if users fail to see site content due to applications installed on their computers.
Robots and Screen Scraping
You may not use data mining robots, screen scraping, or similar data gathering and extraction tools on our Sites, except with our express written consent. We do not allow the use of robots designed to harvest information, including data or email addresses, or those designed to send "spam" or create fake accounts for sending or posting "spam". We do, however, allow robots for the purpose of indexing our sites in search engines (see "Crawlers").
Framing
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any Base Media Network Site without express written consent.
Meta Tags
You may not use any meta tags or any other "hidden text" utilising Base Media's name or trademarks without the express written consent of Base Media. Any unauthorised use terminates the permission or license granted by Base Media.
Licensing Base Media Content
If you are interested in receiving our express written permission to use Base Media Network Site content for your non-personal (including commercial) use, please contact us regarding licensing.
Crawlers
We only allow the limited use of crawlers from certain search engines for the purpose of indexing our site only. We do not allow any crawlers designed for data extraction or email harvesting.
Linking to Base Media Network Sites
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any Base Media Network Site so long as the link does not portray the Site, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not, however, link directly to images or other files on the Sites, and you are encouraged to only link to the home pages of the Sites. You may only use logos or other proprietary graphics or trademarks as part of the link if the Site has made such linking methods available to you, for example, in the form of buttons or banners.
User Contributions
Various sites in the Base Media Network allow users to submit or post non-personal voluntarily-contributed information and data (referred to hereinafter as "Content", "Information, and "Data"). User-submitted Content includes but is not limited to: letters or emails; files including but not limited to FAQs, images (including scans and screenshots) and technical documents; cheat codes; forum posts; reviews; game ratings; articles; ideas; comments; questions; suggestions; data, notes; testimonials; advertisements; and poll votes.
Acceptance of Content
Any Content submitted or posted to Base Media Network Sites must not contain anything that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Base Media is not responsible for such content making its way onto our sites as we are under no obligation to remove or edit such content, although we do reserve the right to do so. We also reserve the right to suspend or permanently ban any user who submits or sends such Content.
Copyrights in Contributions
We accept contributions from users provided that they have right to contribute that information. Base Media may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others. We do not knowingly accept material that has been copied without permission and will endeavour to remove such material if proof of ownership can be provided.
Contribution of Cheat Codes
Users who contribute Cheat Codes (including, but not limited to, cheats, codes, passwords, passcodes, "Easter eggs" as well as those on cheat devices such as Pro Action Replay, Game Shark, Game Genie, Action Replay, Gold Finger, Game Guru, Gamebuster, Equalizer, Dataflash, Xploder, Xplorer, X-Gear, Game Wizard or other such devices) to Base Media Network Sites will not be credited as the "creator" or copyright owner of the Cheat Code. If credited, the user will be credited only as the contributor of the code. Cheat codes are already part of a game or cheat device. By finding a code, you have not created it because it was already there to begin with. Many people misuse the term "created", when they discover an existing code. Cheat devices such as Game Genies are already programmed to respond in a certain way when you enter certain codes and combine them with certain games. By following the correct procedures, anyone can find codes for these cheat devices, and each person who attempts to find the codes will come out with the exact same codes in the end. Therefore, this is proof that the final product is not your original work, it is simply a code that was already there and you discovered it. Copyright only covers original work that was created by you. Copyright does not cover discoveries or findings. If you find rock on the ground, you cannot claim copyright on it, simply because you found it. The rock was already there - anyone could have picked up that rock. Copyright does, however, cover compilations and designs. So if you made a website including the codes, like Console Database, you can claim copyright on the formatting, design and programming of the site and content and its content (including the wording used), but not the cheat codes themselves. This is similar in the rock example. While you cannot claim copyright on the rock itself, simply because you found it, if you were to take a photograph of this rock, then you could claim copyright on the photo of the rock because you took that photo - it is your work. Similarly, if you were to create a derivative work from the rock, such as a sculpture, then you could claim copyright on the derivative work as this is an original creation by you.
Identification of Contributors
Contributions from registered members of a Base Media Network Site may be linked to their user profile in order to give credit to the user for contributing the information. You agree to allow Base Media to make this link between yourself (including your real name) and the content you have contributed.
Distributing Content You Produce
Subject to the Base Media Privacy Policy, you are licensing to the Base Media Network Sites any Content you provide through or to Base Media Network Sites and Services.
By contributing Content to a Base Media Network Site, you grant Base Media and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, sell, license, share, rent, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and for any purpose including the promotion and marketing of our Sites and services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, Base Media and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit a game FAQ, text guide, walkthrough or image, it is considered your original and copyrighted work and you are licensing the content to Base Media for publication. We may (but are under no obligation to) modify the format and display of the work. The content will remain intact unless it contains either A. Profanity, in which case we may censor this before displaying it on our site, or B. Spelling, Grammatical or Typographical Errors, in which case we may correct these in order to improve the quality of the submitted content and make it more accessible and easy to follow for the intended audience. This content may be distributed across Base Media Network Sites for promotion and marketing of our services and operation of our system. Notwithstanding this license, Base Media will take reasonable precautions to help you to keep your email and voicemail messages private.
Your Account
Age Requirement
As per our Privacy Policy Base Media Network Sites prohibit registration by, and Base Media will not knowingly collect personally identifiable information from, anyone under the age of 13 years. When you sign up for an account with a Base Media Network Site, you represent that you are at least 13 years of age.
Protecting your account
When you register for any Site in the Base Media Network, you will be required to select a password for accessing your account. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify Base Media immediately of any unauthorised use of your password or account or any other breach of security. You must promptly change your password and notify Base Media of the problem. We recommend that you change your password regularly and make sure it is one that cannot be easily guessed by another person. A password that contains a combination of uppercase letters, lowercase letters and numbers is recommended.
Base Media cannot be held responsible for your Personal Information being disclosed through your own negligence or lack of care. It is your responsibility to ensure your computer is kept safe from viruses, hackers and other attacks that could reveal your Personal Information to another party. You should run anti-virus software and a firewall on your computer at all times, and keep these updated. We also recommend anti-spyware software and a secure web browser. Please keep these and your operating system up to date with the latest patches and bug fixes. Avoid using shared computers at public places to log into Base Media Network Sites as these could very well have spyware installed or may have password save settings that could potentially allow your account to be accessed by other parties. You must also be aware that Base Media will never ask you to send us your username and password via email, nor ask for your bank account or credit card details via email. If you do receive an email of this nature that claims to be from Base Media or a Base Media Network Site, please do not reply to the email or follow its links. Inform Base Media immediately and delete the email if you believe it may pose a threat. Always log in to Base Media Network Sites by entering the site's address (URL) into your Internet browser yourself. When performing monetary transactions online, always ensure you are on a secure connection denoted by an address (URL) beginning in "https" and a closed padlock or similar symbol displayed on the Internet browser interface itself.
Allowing Email Communication
Further to the "Electronic Communications" terms of this Agreement, you agree to allow us to send you emails from time to time with regards to important service updates or changes to this Agreement or other policies. It is your responsibility to ensure such communications are not blocked or filtered by your email service or program so as to ensure you receive such communications.
Your Identity
As per our Privacy Policy, you agree to provide your name upon signing up for an account with a Base Media Network Site as part of your profile. Your profile will be linked to any Content you contribute to the Base Media Network Site(s) you are associated with.
Online Trading
Some sites in the Base Media Network may allow you to buy, sell, trade, rent, accept or give away items by advertising them online. We do not, however, allow advertising of any items that are deemed dangerous or illegal. These include, but are not limited to, drugs, weapons, stolen property, items that infringe on copyrights or intellectual property rights, recalled items, items used for manufacturing anything dangerous or illegal. You are not permitted to advertise anything misleading or misrepresentative. You must not post any dangerous or illegal items through the mail. You must remove your ad from our sites once the item is no longer available.
Account Access
In order to ensure that the Base Media Network Sites are able to provide high-quality services that are responsive to our users' needs, you agree that Base Media admin personnel have access to your account and records as reasonably needed to investigate complaints.
Merger or Acquisition
In order to ensure a smooth transition of services relative to users, in the event of a merger, acquisition, reorganisation, sale of all or substantially all of its assets, or the sale of an individual website owned by Base Media, we may transfer your Personally Identifiable Information and transition your existing accounts to a similar product to a third party as a part of such merger, acquisition, reorganisation, or sale.
Advertisers
Holders of Base Media Advertiser Accounts agree to be bound by the terms in this Agreement as well as the terms found within this "Advertisers" section.
Base Media will not be held responsible for your ads not being seen by users due to settings on their computers preventing the ads from being seen. Settings that may prevent ads being seen include, but are not limited to, ad blocking software or toolbars, privacy settings, security settings, firewalls, lack of plug-ins required to view ads, disabled scripts or plug-ins, small screen resolutions and text-only browsing.
Advertisers must not submit inappropriate ads for displaying on Base Media Network Sites. Inappropriate ads include, but are not limited to, those that are deemed illegal, obscene, pornographic, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Advertisements must not contain scripts that will launch pop-up windows or put users' security at risk.
Copyright Infringement
Base Media respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us providing the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Similarly, if you see another site that is using information, images or data that has come from a Base Media Network Site, please contact us so we can follow it up.
Disclaimer of Warranties and Limitation of Liability
Accuracy of Information
Websites in the Base Media Network may contain inaccuracies or typographical errors. Further, the opinions expressed on our Sites do not necessarily reflect those of Base Media or the Base Media Network Site. Base Media makes no representations about the accuracy, reliability, completeness, or timeliness of the materials in any Base Media Network Site or about the results to be obtained from using our Sites. Do not substitute the information found on our Sites for advice from professionals. The use of the website is at your own risk. Changes are periodically made to Base Media Network Sites and may be made at any time.
Links to Other Sites
Websites in the Base Media Network may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Base Media or Base Media Network Sites of the contents on such third-party websites. Base Media nor the Base Media Network Site on which the link is contained is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
Online Security
Whilst every care is taken to ensure you have a safe browsing experience when viewing Base Media Network Sites, we are not responsible for any virus or worm infections, hacker attacks, spoofing or phishing activities that occur whilst using our Sites or as a result of using our Sites. Any information sent over the Internet could potentially be obtained by parties other than the intended recipient. It is your responsibility to ensure you do not send sensitive information electronically. Base Media will not be held responsible for information sent via our Sites falling into the wrong hands. Downloading files or pages from our Sites and sending information electronically is done so at your own risk.
Use of cheats and cheating devices
Neither Base Media nor Console Database will not be held responsible for any faults or damage that may arise from using the cheats, both in-game or from using cheat devices (Pro Action Replay, Game Shark, Game Genie, Action Replay, Gold Finger, Game Guru, Gamebuster, Equalizer, Dataflash, Xploder, Xplorer, X-Gear, Game Wizard or other such devices), provided by Console Database. This information is provided on the basis that you use it at your own risk. The makers of the games and cheat devices also hold no responsibility for faults or damage, should these things occur.
Use of Repair Manuals, Modification Instructions and other Technical Documents
Console Database provides a repository for its users to contribute and share their technical knowledge of software and hardware. This service is provided without warranty. Neither Base Media nor Console Database will be help responsible for any faults or damage that may arise from using this information. This information is provided on the basis that you use it at your own risk. The makers of the associated software and hardware also hold no responsibility for faults or damage, should these things occur. Please be aware that warranties may become void if such work is carried out and it is user's responsibility to ensure that any electrical work is carried out and tested by a qualified electrician.
ALL BASE MEDIA NETWORK SITES ARE PROVIDED BY BASE MEDIA ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. BASE MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BASE MEDIA NETWORK SITES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THEM. YOU EXPRESSLY AGREE THAT YOUR USE OF BASE MEDIA NETWORK SITES IS AT YOUR SOLE RISK. BASE MEDIA RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM OUR SITES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BASE MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BASE MEDIA DOES NOT WARRANT THAT OUR SITES, THEIR SERVERS, OR E-MAIL SENT FROM BASE MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BASE MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN LAWS IN CERTAIN COUNTRIES OR STATES/TERRITORIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
