End user agreement for PLAYXPERT
PLAYXPERT USER AGREEMENT
A. This Agreement
(1) THE SERVICES. This User Agreement ("Agreement") governs your use of the services provided by PLAYXPERT, LLC ("PLAYXPERT"), including the PLAYXPERT web site (the "Site") and any services provided through the Site, and certain software applications made available by PLAYXPERT (the "Software") and the services provided by and in connection with the Software (all such services collectively, the "Services").
(3) ACCEPTANCE. Certain portions of the Site are accessible to members of the general public without registration ("Visitors"); the other Services are provided only to users who have registered with PLAYXPERT and indicated acceptance of the terms of this Agreement, and who are permitted to access the Services under applicable law ("Members"). This Agreement is binding on Members, Visitors, and any other parties that access or use any of the Services either with or without authorization (Members, Visitors, and such other parties, collectively, "Users"), as well as any entity on behalf of which a User uses the Services ("Employer"). YOU AGREE, BOTH ON YOUR OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY EMPLOYER, THAT YOU AND YOUR EMPLOYER WILL USE THE SERVICES ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. If you do not agree with all of the terms of this Agreement, you may not use any of the Services.
(4) MODIFICATIONS. PLAYXPERT may change the terms of this Agreement at any time in its sole discretion by posting revised versions of this Agreement to the Site, and any such revised terms apply immediately upon posting. Your use of any of the Services constitutes acceptance by you and any Employer of the version of this Agreement in effect at the time of your use. PLAYXPERT may also modify, supplement, or discontinue any part of the Services at any time in its sole discretion, with or without notice, in which case all such updates are included among the "Services" and shall be governed by the then-current version of this Agreement. PLAYXPERT is under no obligation, however, to make any such updates to the Services. PLAYXPERT may also change the availability or content of any feature, or the technical requirements for access, at any time in its sole discretion, with or without notice.
(1) USER NAMES, PASSWORDS, AND UNAUTHORIZED USE. Only Members are permitted to access and use the Services, other than any portions of the Site accessible to the general public. Access to the Services is accomplished through the use of user names, passwords, and any other access controls that are issued to each Member by PLAYXPERT. EACH MEMBER IS RESPONSIBLE FOR KEEPING HIS OR HER USER NAMES, PASSWORDS AND ANY OTHER ACCESS CONTROLS CONFIDENTIAL, AND FOR TAKING OTHER REASONABLE PRECAUTIONS TO PREVENT THEIR UNAUTHORIZED USE BY OTHERS. Each Member agrees to notify PLAYXPERT promptly of any unauthorized use of which that Member becomes aware of his or her user names, passwords, or other access controls. Until a Member provides such notice to PLAYXPERT, PLAYXPERT will presume that all use of that Member's user names, passwords, and other access controls is authorized by that Member, and Member will be responsible for any fees incurred or actions taken by anyone using his or her user names, passwords and other access controls.
(2) INFORMATION SENT TO PLAYXPERT. All Members agree to provide PLAYXPERT with accurate, complete and updated information as required by PLAYXPERT during any registration process and in the course of using the Services. Each Member grants to PLAYXPERT a perpetual, irrevocable license to retain such information and to use it for purposes of documenting and analyzing the Services, validation of methodologies used in providing the Services, and other research, and PLAYXPERT may publish such information in the aggregate without identification of individual Members. Paypal and credit card information, personally identifying information, and responses supplied by Members in the course of utilizing the Services will be treated as the confidential information of the applicable Member. Any other communication or material any User transmits to PLAYXPERT by electronic mail or otherwise, including any questions, comments, suggestions, or the like, are, and will be treated as, non-confidential and non-proprietary, and anything any User transmits may be used by PLAYXPERT or its affiliates for any purpose. Furthermore, PLAYXPERT is free to use any ideas, concepts, know-how, or techniques contained in any communication any User sends to the Site for any purpose whatsoever. Members acknowledge that PLAYXPERT may gather anonymous information concerning the hardware, operating systems, and gaming environments and preferences of its Members. PLAYXPERT reserves the right to disclose any material transmitted to us, including account information, or transmitted using the Services, or posted to the Site, or gathered from its Members, and any information relating to any such material, if required to do so by law, or if such disclosures are reasonably necessary to comply with legal process; enforce the terms of this Agreement; respond to any claim of infringement or violation of any right of any third party; or to protect the rights, property, or personal safety of PLAYXPERT, its employees, its Members, or members of the general public.
(3) RIGHTS IN YOUR ACCOUNT. You acknowledge that you have no title or other proprietary right or interest in or to your account, and that all such title, right, and interest are now and will in the future be owned by PLAYXPERT. PLAYXPERT MAY, IN ITS SOLE DISCRETION, SUSPEND, TERMINATE, OR MODIFY YOUR ACCOUNT, OR YOUR ACCESS TO ALL OR PART OF THE SERVICES, AT ANY TIME, WITH OR WITHOUT NOTICE, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT, OR FOR NO REASON.
(4) FEES. PLAYXPERT makes certain of the Services available at no charge and assesses fees for certain other Services. PLAYXPERT reserves the right to assess fees in the future for Services currently made available at no charge, or to change the methods by which Members may pay such fees. In the event of any account termination, the terminated Member will remain responsible for any fees accruing before such termination.
(1) UNAUTHORIZED USES. The Services may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. Except with the express written permission of PLAYXPERT, no one may do any of the following, nor allow any other party to do any of the following:
(a) Use the Services for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to PLAYXPERT or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
(b) Use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided as a part of the Services.
(c) Sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Services, including the Software, or, in particular, without limiting the generality of the foregoing, distribute any portion of the Services, including the Software, on any media; make such items accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use the Services, including the Software.
(d) Frame, deface, or modify the Site.
(e) Use any "multiplexing," "pooling," or other hardware or software that attempts to limit the number of users accessing the Service.
(d) Copy, create or provide (whether or not for a fee) to a person or entity any compilation of users of the Services or other user or usage information or any portion thereof.
(e) Use the account, user name, password, access controls of another Member.
(f) Use any method that deletes, obscures, alters or redirects any advertisement sent to Members by PLAYXPERT, or by others with the consent of PLAYXPERT.
(g) Decompile, disassemble, or reverse engineer the Services, including the Software, in whole or in part.
(h) Defeat, disable or circumvent any registration process or protection mechanism related to the Services, including the Software.
(i) Export, re-export, download, or otherwise use the Services, including the Software in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws; or
(j) use the Software in connection with life support systems, human implantation, medical devices, nuclear facilities, nuclear systems or weapons, aviation, mass transit or any application where failure or malfunction could lead to possible loss of life or catastrophic property damage.
(2) COMMUNICATIONS USING THE SERVICES. The Services may not be used to send any of the communications described below, nor may any such communications be posted to the Site:
(a) Defamatory, abusive, harassing, or threatening messages; messages that violate laws against or otherwise involve child pornography, obscenity, drug dealing or gambling, or that contain any profane, defamatory, obscene, indecent or unlawful subject, material or information; messages that use terms derogating race, ethnicity, religion, gender, or sexual preference.
(b) Messages that infringe the intellectual property rights or violate other legal rights of third parties, or promote or transmit materials that infringe or violate such rights, including copyrights, trademark rights, patent rights, trade secrets, and rights of privacy and publicity.
(c) Messages constituting or promoting chain letters, pyramid schemes, surveys, contests, advertising, spam, junk email, or any duplicative, bulk or unsolicited messages (commercial or otherwise).
(d) Messages that intend to impersonate another or to create a false identity for the purpose of misleading others; and messages involving phishing or other fraudulent schemes.
(e) Messages containing, activating, or instructing anyone in the use of any code designed to damage or hamper the operation of any computer, or limit access to the Services or the Internet, including any virus, Trojan horse, time bomb, cancelbot, trap door, corrupted file, worm, or any other similar software or programs.
(3) NAMING RULES. Individual Members must select user names and character names, and groups of Members (such as "guilds") may select group names. The following rules apply to all such names and any other label that can be seen by other Members. You may not use any name:
(a) That is vulgar, profane, obscene, indecent, defamatory, abusive, harassing, or threatening; that involves pornography, sex, drugs, alcohol, gambling, or other crime; that includes terms derogating race, ethnicity, religion, gender, or sexual preference; or that belongs to any regligious figure or deity.
(b) That belongs to a celebrity or other individual known from popular culture; that belongs to any other Member or other person, if used with the intention of impersonating such person; that refers to a fictional character; that incorporates any brand name, trade name, trademark, or service mark, whether registered or not; that is the unauthorized use of any name subject to the intellectual property rights or other legal rights of another person, including rights of privacy and publicity.
(c) That uses a misspelling or alternate spelling to avoid any of the foregoing restrictions.
(4) PLAYXPERT reserves the right to edit, refuse to transfer, remove or delete any communication posted to the Site or made using the Services, or any user name, character name or group name, in its sole discretion, at any time, with or without notice, for any reason, including failure to comply with the terms of this agreement, or for no reason; provided, however, that PLAYXPERT is under no obligation to do so, and Members may be subjected to such messages at any time.
D. Proprietary Rights and License
(1) OWNERSHIP. The Software, all materials on the Site or provided as part of the Services that are created or provided by PLAYXPERT, including text, graphics, logos, icons, test content, and images, are the property of PLAYXPERT or its content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on the Site or provided as part of the Services is the exclusive property of PLAYXPERT and is also protected by United States and foreign intellectual property laws. PLAYXPERT(TM) is the trademark of PLAYXPERT, Ltd.. The trademarks, service marks, and logos used on the Site, in the Software, and in connection with the Services are the trademarks and service marks of PLAYXPERT or others. No one may remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices, contained in the Software or on the Site. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in this Agreement are reserved.
(2) LICENSE. PLAYXPERT grants to each Member a non-exclusive, nontransferable right during the existence of the Memberâ€™s account, to download and install the Software; to use solely for personal use, subject to the terms of this Agreement, the Software, and software created by the Member using "Widgets" and other development tools included in the Software. The Services may be subject to special requirements for access, copying and printing, which will be made available to Members. Except as provided by such requirements, Members may download, view, copy, and print the materials on the Site or provided as part of the Services solely for personal use.
(3) PRE-RELEASE VERSIONS. In the event that any portion of the Services, including the Software, is made available under the Inner Circle program, or identified as a beta version, a review version, or other pre-release version ("Pre-Release Version"), the terms of this paragraph will apply in addition to the other terms of this Agreement. Your license to use the Pre-Release Version expires at the end of the period indicated by the Services, or if no such period is indicated, 120 days after registration. The Pre-Release Version may cease to function. The Pre-Release Version may contain more, fewer, or different features than are contained in the corresponding general release that PLAYXPERT intends to or does distribute. PLAYXPERT reserves the right at any time not to release a general release corresponding to the Pre-Release Version, or if PLAYXPERT does release such a general release, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of such general release. You acknowledge and understand that the Pre-Release Version may contain errors affecting its proper operation.
E. Disclaimers and Limitations of Liability
(1) LINKS TO OTHER SITES; GAMES. The Site or the Services may contain links to other websites. PLAYXPERT has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its ownerâ€™s products or services. The Services are intended to be used with third party gaming software
(2) CONTENT. PLAYXPERT uses reasonable efforts to provide accurate information on the Site and in connection with the Services. However, PLAYXPERT does not guarantee the accuracy, timeliness, completeness or quality of any material that is posted to our Site or disseminated in connection with the Services. Further, PLAYXPERT, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site or the Services, regardless of any requests to do so.
(4) DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL PLAYXPERT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOST DATA, AND DAMAGES OR LOSSES RESULTING FROM THIRD PARTY CLAIMS AGAINST YOU, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON PLAYXPERT UNDER OR IN CONNECTION WITH THIS AGREEMENT; (b) THE USE OF OR INABILITY TO USE THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA THE SERVICES, INCLUDING ON THE SITE OR ELSEWHERE.
(5) FORCE MAJEURE. PLAYXPERT shall not be liable for any failure to perform under this Agreement where such failure results from any cause beyond PLAYXPERTâ€™s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.
(6) APPLICABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
F. General Terms
(1) INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause irreparable damage to PLAYXPERT, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law, and accordingly, that PLAYXPERT shall be entitled to seek equitable relief restraining such violation or attempted violation from any court of competent jurisdiction. You agree that no bond or other security shall be required in connection with such injunction.
(2) GOVERNING LAW. This contract shall be governed by and construed under the laws of the State of Idaho, USA, without regard to its conflicts of laws principles. This application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as set forth in Section F(1) above, the sole jurisdiction and venue of any action related to this Agreement shall be the Idaho state courts located in, and the United States federal courts with jurisdiction over, Bonner County, Idaho, and you agree to submit to personal and exclusive jurisdiction of these courts and the courts of appeal therefrom.
(3) MISCELLANEOUS TERMS. You may not assign this Agreement without PLAYXPERTâ€™s prior written consent. The waiver by PLAYXPERT of any breach or default shall not be deemed to be a waiver of any other breach or default. The exercise or failure to exercise any remedy by PLAYXPERT shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision of this Agreement is held to be invalid or unenforceable, that term shall be interpreted as closely as possible to its original intent as is consistent with its validity and enforceability, and the other provisions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement.
Copyright 2006-2009 PLAYXPERT, LLC. All rights not expressly granted in this Agreement are reserved.