Skip to main content

Terms of Service

Last updated: January 2025

These terms govern your use of Digital Gaming Guide. By accessing our website, you agree to these terms. Please read them carefully before using our services.

Agreement to Terms

Welcome to Digital Gaming Guide. These Terms of Service ("Terms") constitute a legally binding agreement between you and Digital Gaming Guide ("we", "us", "our") regarding your use of our website at digitalgamingguide.com (the "Website") and all associated services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age, you confirm that you have obtained parental or guardian consent to use our Services and that your parent or guardian has read and agreed to these Terms on your behalf.

By using our Services, you represent and warrant that:

  • You meet the age requirements stated above
  • You have the legal capacity to enter into these Terms
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate and truthful

Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date and notify you through prominent notice on the Website. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

Our Services

Digital Gaming Guide provides informational content and resources related to gaming, including:

  • Game reviews and recommendations
  • Gaming platform comparisons and guides
  • Strategy guides and gameplay tips
  • News and updates about the gaming industry in Australia
  • Accessibility information for gamers with disabilities
  • Educational content about gaming ratings and age appropriateness

Service Availability

We strive to maintain the availability of our Services, but we do not guarantee uninterrupted or error-free operation. Our Services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

No Professional Advice

The information provided through our Services is for general informational and entertainment purposes only. Our content should not be construed as professional advice (legal, financial, medical, or otherwise). You should consult appropriate professionals for specific advice tailored to your situation.

Third-Party Links

Our Services may contain links to third-party websites, products, or services that are not owned or controlled by Digital Gaming Guide. We do not endorse or assume responsibility for any third-party content, privacy policies, or practices. You access third-party links at your own risk and should review their terms and policies.

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for your conduct and any content you submit through our Services.

Permitted Uses

You may use our Services to:

  • Browse and read content for personal, non-commercial purposes
  • Share our content on social media with proper attribution
  • Contact us with questions, feedback, or enquiries
  • Use our guides and recommendations to inform your gaming decisions
  • Participate in interactive features we may offer

Usage Restrictions

You must not:

  • Use our Services for any commercial purpose without our express written permission
  • Reproduce, distribute, or create derivative works from our content without authorisation
  • Use automated systems (bots, scrapers, crawlers) to access or collect data from our Services
  • Attempt to gain unauthorised access to our systems or networks
  • Interfere with or disrupt the operation of our Services
  • Remove, obscure, or alter any copyright notices, trademarks, or other proprietary markings
  • Misrepresent your affiliation with Digital Gaming Guide
  • Use our Services to distribute malware, viruses, or other harmful code

Account Security

If we implement user accounts in the future, you will be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use or security breach.

Content & Intellectual Property

Our Intellectual Property

All content, features, and functionality of our Services—including but not limited to text, graphics, logos, images, videos, software, and design—are owned by Digital Gaming Guide or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

Our content is provided for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from our Services without our prior written consent.

Trademarks

"Digital Gaming Guide" and our logos are trademarks of Digital Gaming Guide. You may not use our trademarks without our express written permission. Other product and company names mentioned on our Services may be trademarks of their respective owners.

Fair Use & Attribution

Limited use of our content may be permitted under fair dealing provisions for purposes such as criticism, review, news reporting, or education, provided proper attribution is given. If you wish to use our content in any other manner, please contact us for permission.

Third-Party Content

Our Services may include content owned by third parties, including game developers, publishers, and other copyright holders. Such content is used under licence or for review/commentary purposes. All rights remain with the respective owners.

Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our Services infringes your copyright, please contact us with:

  • A description of the copyrighted work you claim has been infringed
  • The location (URL) of the allegedly infringing content
  • Your contact information (email and phone number)
  • A statement that you have a good faith belief that the use is not authorised
  • A statement that the information in your notice is accurate
  • Your physical or electronic signature

User Submissions

Our Services may allow you to submit content such as enquiries, comments, feedback, or suggestions ("User Content"). By submitting User Content, you grant us certain rights as outlined below.

Licence Grant

When you submit User Content to our Services, you grant Digital Gaming Guide a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with our Services and business operations.

This licence allows us to:

  • Respond to your enquiries and provide support
  • Improve our Services based on your feedback
  • Share testimonials or reviews (with your permission)
  • Aggregate anonymised feedback for analysis

User Content Standards

You represent and warrant that your User Content:

  • Does not infringe any third-party intellectual property, privacy, or other rights
  • Does not violate any applicable laws or regulations
  • Is not defamatory, obscene, harassing, or hateful
  • Does not contain viruses, malware, or other harmful code
  • Is not spam or unsolicited commercial content

Monitoring & Removal

We reserve the right (but have no obligation) to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable. We may also terminate or suspend your access for violating these standards.

No Obligation to Use

We have no obligation to use, display, or implement any User Content you submit. We may use or not use your submissions at our sole discretion without compensation or attribution to you.

Prohibited Activities

In addition to the restrictions outlined elsewhere in these Terms, you specifically agree not to engage in the following prohibited activities:

Unlawful Conduct

  • Violating any applicable local, state, national, or international law
  • Promoting illegal activities or providing instructions for illegal acts
  • Engaging in fraud, misrepresentation, or deceptive practices
  • Infringing intellectual property rights of others

Harmful Content

  • Posting content that is defamatory, obscene, pornographic, or sexually explicit
  • Distributing content that promotes violence, discrimination, or hatred
  • Sharing content that harasses, bullies, or threatens others
  • Posting content that exploits or harms minors

Technical Interference

  • Attempting to bypass security measures or authentication systems
  • Introducing viruses, malware, or other malicious code
  • Engaging in denial-of-service attacks or similar disruptive activities
  • Reverse engineering, decompiling, or disassembling our software
  • Using scrapers, bots, or automated tools without permission

Misuse of Services

  • Impersonating another person or entity
  • Falsely claiming affiliation with Digital Gaming Guide
  • Collecting personal information about other users without consent
  • Using our Services for unauthorised commercial purposes
  • Spamming or sending unsolicited communications

This list is not exhaustive. We reserve the right to determine, in our sole discretion, what constitutes a violation of these Terms and to take appropriate action, including termination of access.

Disclaimers & Limitations of Liability

No Warranties

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by Australian law, we disclaim all warranties, including but not limited to:

  • Merchantability, fitness for a particular purpose, and non-infringement
  • Accuracy, reliability, or completeness of content
  • Uninterrupted or error-free operation of the Services
  • Freedom from viruses or other harmful components
  • Results or outcomes from using our Services

Content Accuracy

While we strive to provide accurate and up-to-date information, we make no representations or warranties about the accuracy, reliability, or completeness of any content on our Services. Gaming information, prices, availability, and other details may change without notice. You should verify important information independently before making decisions based on our content.

Third-Party Content & Links

We are not responsible for the content, accuracy, or practices of third-party websites or services linked from our Services. Your interactions with third parties are solely between you and those third parties. We encourage you to review their terms and privacy policies.

Limitation of Liability

To the maximum extent permitted by applicable law, Digital Gaming Guide and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or data
  • Loss of use or inability to use our Services
  • Cost of procurement of substitute services
  • Personal injury or property damage
  • Any damages arising from your use of or inability to use our Services

This limitation applies whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Maximum Liability Cap

In no event shall our total liability to you for all claims arising from or related to these Terms or your use of our Services exceed the amount you paid to us (if any) in the twelve months prior to the event giving rise to liability, or AUD$100, whichever is greater.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law or other applicable laws imply conditions, warranties, or obligations into these Terms, our liability for breach of such implied terms is limited to the extent permitted by law.

Termination

Termination by You

You may stop using our Services at any time. If we implement user accounts in the future, you may request account closure by contacting us. Upon termination, your right to use our Services ceases immediately.

Termination by Us

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice, for any reason including but not limited to:

  • Violation of these Terms
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Technical or security concerns
  • Discontinuation of our Services

Effect of Termination

Upon termination:

  • Your right to access and use our Services immediately ceases
  • Any provisions of these Terms that by their nature should survive termination will remain in effect (including disclaimers, limitations of liability, and indemnification)
  • We may retain certain information as required by law or for legitimate business purposes
  • Termination does not affect any rights or obligations that accrued prior to termination

No Liability for Termination

We shall not be liable to you or any third party for any termination or suspension of your access to our Services, except as may be required by applicable law.

Disputes & Governing Law

Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales for resolution of any disputes.

Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. We will try to resolve the dispute in good faith through negotiation.

If we cannot resolve the dispute within 30 days, either party may pursue formal legal action. You agree that any legal action must be commenced within one year after the cause of action arose, or it will be permanently barred.

Class Action Waiver

To the extent permitted by law, you agree to bring claims against us only in your individual capacity and not as part of any class, collective, or representative action. You waive your right to participate in class actions or class-wide arbitration.

Indemnification

You agree to indemnify, defend, and hold harmless Digital Gaming Guide and its directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use or misuse of our Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content

We reserve the right to assume exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our defence of such claim.

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Digital Gaming Guide regarding your use of our Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, or failures of third-party services.

Notices

Any notices to Digital Gaming Guide should be sent to the contact information provided in the Contact section below. We may provide notices to you via email, prominent notice on our Website, or other reasonable means.

Changes to These Terms

We may revise these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we make changes, we will:

  • Update the "Last updated" date at the top of this page
  • Provide prominent notice of material changes on our Website
  • Notify you via email if we have your email address and the changes are significant

Your continued use of our Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using our Services.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. Material changes will not apply retroactively and will become effective no sooner than 30 days after they are posted.

Contact Information

If you have questions, concerns, or feedback about these Terms, please contact us:

Postal Address

Digital Gaming Guide
Legal Department
PO Box 12345
Sydney NSW 2000
Australia

Online Form

Submit an enquiry through our contact page and select "Legal Enquiry" as your subject.

We aim to respond to all enquiries within 5 business days.

Welcome

Sign in to your account or create a new one

or
or

My Profile

Update your personal information

Profile avatar