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Legal / Terms Of Service

UPDATED 1st November 2011

Preamble:

TheSixthAxis.com is your daily dose of gaming news. We focus on PlayStation 3, Xbox 360, PSP, Wii and DS/DSi/3DS with some PC content and general industry commentary.

Your use of TheSixthAxis in any format is subject to your acceptance of these terms and conditions. All content on this site is deemed to be the personal opinion of the individual author unless specified as a quote or press release. No factual basis is implied unless categorically specified. We are not responsible for any damage or losses incurred as a result of your use of this website, or related websites, in any way.

If you are under the age of 18 or don’t understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.

TheSixthAxis.com is intended for and directed at the UK and no representation or warranty is made as to whether TheSixthAxis.com complies with the regulatory regime and local laws of any other countries.

TheSixthAxis is wholly owned by Oscar Mike Media Ltd.

Site Design:

Oscar Mike Media Ltd. does not license content or design elements which appear on TheSixthAxis to any other site. The WordPress theme used was built from scratch and is the legal property of Oscar Mike Media, who have purchased rights to use it solely on TheSixthAxis.com. No part of the theme may be used on any other site. There are no exceptions to this rule.

Article authors are the individual owners of the article content. No article or part of this website may be reproduced in any form without written consent from the author.

Review Policy:

We enjoy great publisher relations but our reviews are entirely unbiased and are as objective as any one person’s view of a game can be. Games are scored on a scale of 0-10 with 5 being average. You can read our expanded Review Policy here.

Third Party Websites:

Oscar Mike Media Ltd. implies no affiliation with any third party websites. Oscar Mike Media Ltd. is not connected with any retailers that may advertise on TheSixthAxis website, or related websites, in any way. Oscar Mike Media Ltd. is not responsible for any orders which the readers of TheSixthAxis or related sites place with any retailers or for any other contracts entered into with any third party.

Site Content:

The site design, theme and coding belong to Oscar Mike Media but no liability is implied by this. The design of the website is solely the work of thesixthaxis and cannot be used elsewhere in any form without express written consent.

Regardless of your membership, TSA Points level or other method of identification on the site, no otherwise registered member owns, is entitled to own, or is entitled to make suggestions relating to the ongoing day to day running of any part of TheSixthAxis or related sites in any format apart from the aforementioned authors of the site’s primary content (the blogs, features, news and reviews) who own the copyright to their individual articles.

The site is provided on an ‘as is’ basis. At times, the site may not be available or may be affected by faults or maintenance work, or by circumstances outside our control. No warranty is given about the quality, functionality, availability or performance of the site or any content on the site. We reserve the right to change, suspend or withdraw content from the site, to suspend your registration or access to the site, or to discontinue any site or site feature at any time without notice. You are responsible for your Internet Service Provider fees and any other fees related to your use of TheSixthAxis or related sites.

You must not damage, interfere with or disrupt access to the site or its content, nor do anything that may impair functionality or interfere with another person’s access to the site or its content. You must not use the site or its content in any way that is unlawful or damaging to Oscar Mike Media Ltd. or TheSixthAxis, our affiliated companies or any other person.

The contents and copyrights of the articles on the site are owned solely by the authors credited. Oscar Mike Media Ltd. retains legal rights to re-use and republish that content, for any purpose, in perpetuity.

TSA Shop, Vouchers and Competitions:

All transactions, voucher codes and competition prizes are done in good faith, but Oscar Mike Media Ltd. cannot be responsible for any problems arising from expired or otherwise non-working voucher codes, game disks or other promotional prizes. In exceptional circumstances and at the sole discretion of the site staff, we may refund any transferred TSA Points used, but otherwise, Oscar Mike Media Ltd. takes absolutely no responsibility for any issues that might arise. We have the right to withhold prizes for any reason, without explanation.

There are no cash alternatives to any competition prize or TSA Shop transaction.

By entering a contest or competition on TheSixthAxis you agree to these Terms and Conditions. You must be over the age of 16 or have the permission of a parent or legal guardian. If prizes are subject to an age rating you submit that you are above that age rating. This is your responsibility and yours alone, Oscar Mike Media Ltd. accepts no responsibility for any prize items delivered to anyone who has not been honest about their age.

In order to enter competitions on TheSixthAxis you must be a member of TheSixthAxis and you must submit to the finality of the decisions made by those in control of the competition. Unless otherwise stated, all prizes are eligible to be won by UK residents only. Digital codes may be emailed anywhere in the world but will usually be for European based services. All monetary values will be in Pounds Sterling unless otherwise stated.

Comments, Posts and User Accounts:

Oscar Mike Media Ltd. reserves the right to edit and/or delete any articles, comments, or forum posts for whatever reason without prior notice. All user accounts are created under the rules of these disclaimers.

In order to minimise the load on our database, and to keep things as fresh as possible for our users, we automatically remove all user accounts older than 30 days which have earned fewer than 10 TSA points. That’s the equivalent of five comments or ten daily visits. This will mean that accounts set up solely to enter a competition, for example, will be removed. This automatic process will occur every 30 days so new accounts have at least that time to join in with the community before they’re deemed disposable.

Oscar Mike Media Ltd. reserves the right to ban or prevent from posting any user for any reason and for any period of time without warning or explanation. There are no rights to appeal any bans and all decisions are purely those of the site staff and are not reversible. You agree to not make any claims against the site for any such bans for whatever reason.

Any comments, forum posts and articles submitted to the site for publication regardless of nature, delivery method and content can become the copyright of Oscar Mike Media Ltd. if we so choose and Oscar Mike Media Ltd. then own the content of such material immediately and indefinitely without variation.

We reserve the right to use any comments, forum posts and articles you make for promotional use without boundaries or limitations, including posting such comments and articles on other sites or using them in press releases. You grant us a perpetual, worldwide, non-exclusive, royalty-free and fully transferable right to use, copy, modify, publish and display any content which you post or upload on our sites, and to incorporate it in other works. You waive any moral rights which you may have in this content.

Any comments may be removed, edited or deleted without notice for any reason. Do not post links unrelated to your comment, or links containing affiliate or otherwise unnecessary tracking codes.

You are entirely responsible for any text, video, audio, images, photographs or any other materials or content you provide for the site. Please use any available community tools responsibly. In particular, do not post content that infringes the law or third party rights, or which includes activities or statements which are discriminatory, offensive, obscene or defamatory or which may cause offence to others on grounds of nationality, ethnicity, gender, sexuality, religion, faith or disability. You remain solely responsible for the content of your messages, and you agree to indemnify and hold Oscar Mike Media Ltd. harmless with respect to any claim based upon transmission of your posts or comments.

You should not use the community areas for any commercial purpose.

You understand that we do not monitor all user-generated content on our sites and we are under no obligation to do so. However, we reserve the right to monitor all such content and, without notice, to edit, delete or remove any content which we deem to be inappropriate.

You may not create alternative or multiple accounts.

The views expressed in the community areas (including the comments and the forums) are those of members of the public and are not those of Oscar Mike Media Ltd. or its staff. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Oscar Mike Media Ltd. or any entity associated with it.

We reserve the right to reveal your identity (or whatever information we know about you), typically in the event of a complaint or legal action arising from any message posted by you.

You may not use the Private Message system in a negative way against Oscar Mike Media Ltd. related sites or their members.

You must not disclose your username and password to any third party nor let anyone other than you use your account. You are and shall remain solely responsible for maintaining the confidentiality of your email address, username, password and account. You are and shall remain solely responsible for all activities that occur using your email address, username, password and account.

Other Information:

This is an entirely independent gaming website and is not related to Sony, SCEE, Microsoft, Nintendo or any third party in any way shape or form. Our content and personal opinions are no reflection of those of any other party.

We enjoy good relationships with all major European publishers but do not speak for them in any sense. Unless a post is clearly described as a press release or an interview, you can assume all copy, content and opinion on this site should be taken as unofficial and not the opinion of any third party referenced or otherwise.

Oscar Mike Media Ltd. is not connected to any other company and no connections are implied. TheSixthAxis website name is initially derived from the PlayStation 3 controller, SixAxis.

Oscar Mike Media Ltd. is not responsible for the content of any external links. If a link’s content changes, is deleted or moves, Oscar Mike Media Ltd. cannot be held responsible.

All content on the site is subject to change without notice and only the current, most up-to-date version of any post should be taken as our opinion. No opinion of any member of TheSixthAxis on any published or pending article, comment or email is legally binding and no facts are implied. Any edits or previous versions, including those cached on search engines or stored locally on your computer must be disregarded and do not represent our view or opinion in any way.

If a publisher, developer or individual related to an article wishes us to remove or alter any such content on TheSixthAxis please get in touch and we’ll remove it immediately within working hours. This does not extend to user and TheSixthAxis’ writers submitted material (such as comments and articles) – the removal or alteration of such is solely at the Editor’s discretion.

Exercise caution with regards to user content:

It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Oscar Mike Media Ltd. has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any website.

By using TheSixthAxis.com and its services you accept that this is the case and accept that you therefore use TheSixthAxis.com at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.

Passwords, emails and your personal information:

As with all WordPress sites that store logins like TheSixthAxis, your password is hashed and salted, but your email address is not and is stored as text in the database.  You are solely responsible for your own personal information, this includes your email address and anything else you add to TheSixthAxis, such as PSN or Gamertag IDs, which are also stored as text.  All information is submitted to TheSixthAxis freely. You are free to remove or change your email address or any other data at any time via the profile panel.  TheSixthAxis stores your current IP address as text along with any comments you make in the database.  TheSixthAxis does not ask for or store first or last names, date of birth, postal addresses or any payment information.

Your password should be unique to each and every site and service you sign up for, including TheSixthAxis.

Disclaimer:

Oscar Mike Media Ltd. is not responsible for any stress, upset, damages or losses of any kind caused by the reading or other use of this website, its articles, comments or forum posts. This extends to any virus or trojans that may be on the site. Although we try to keep the site clean of such electronic threats, you are responsible for your own virus protection. Although we welcome repeat visits from regular members, we recommend that readers visit the site no more than once a day and for a reasonable amount of time.

Oscar Mike Media Ltd. does not warrant the accuracy, reliability or completeness of any information contained on our sites. To the fullest extent permitted by law, Oscar Mike Media Ltd, our affiliated companies and/or licensors exclude all liability for any loss or damage suffered by you or any third party whether direct or indirect, incidental or consequential and howsoever arising from your use of or access to, or inability to use or access a site, including any loss of data or damage caused by downloading content from our sites.

Finally, all content on TheSixthAxis is published without prejudice to our whole rights and pleas and is not to be founded upon in the terms of any future litigation, negotiation or otherwise.

USE OF THESIXTHAXIS.COM AND/OR THE WEBSITE SERVICE IS AT YOUR OWN RISK. THESIXTHAXIS.COM AND THE WEBSITE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THESIXTHAXIS.COM DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE WEBSITE AND/OR THE WEBSITE SERVICE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THESIXTHAXIS.COM AND/OR THE WEBSITE SERVICE (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN THESIXTHAXIS.COM AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR THE CONDUCT OF ANY USER AND/OR ACCOUNT HOLDER OF THESIXTHAXIS.COM AND/OR WEBSITE SERVICE; ANY ERROR, DELAY OR FAILURE IN THE TRANSMISSION OF ANY COMMUNICATION BETWEEN USERS AND/OR ACCOUNT HOLDERS; ANY TECHNICAL FAILURE OF THE INTERNET, THE WEBSITE AND/OR THE WEBSITE SERVICE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE WEBSITE OR THE WEBSITE SERVICE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Oscar Mike Media Ltd. will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the TheSixthAxis.com and/or the Website Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF OSCAR MIKE MEDIA LTD. IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE WEBSITE AND/OR THE WEBSITE SERVICE, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO TWENTY POUNDS STERLING (£20.00).

Creative Commons:

This site is licensed under the Creative Commons Licence.

Updated 1st November 2011.

Oscar Mike Media Ltd. may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from http://www.thesixthaxis.com/about/. For the sake of clarity, any reference to “The Website” above refers to TheSixthAxis.com.

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