Xsyon™Forum Terms of Service Agreement Updated August 13, 2012
Notorious Games provides the end users (the "User") with the ability to create a forum account in which to communicate with other users on the forum ("The Service"). When the User registers a forum account they agree to these terms and are bound by these terms (the "Terms" or "Terms of Service") as long as the User has an active account on the forum.
By accepting these Terms, the creator of the forum account agrees that that they are at least thirteen (13) years of age. Unauthorized underage Users will have their accounts terminated or suspended without notice upon discovery.
When registered at the Service, the User agrees to:
A password is required for the Account upon completing the Service's registration process. Only the User who created the Account on the Service (the "Creator") is responsible for maintaining the confidentiality of the password and Account, and is fully responsible for all activities that occur under the said password or Account. The User agrees to:
The User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User is entirely responsible for all Content transmitted via the Service. The Staff does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Through your use of this service, you agree that you will abide by the TOS, make all posts in English, and will not use this forum inappropriately. Inappropriate use of this bulletin board includes, but is not limited to, the following rules:
The User understands that all content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User is entirely responsible for all Content transmitted via the Service. In NO WAY is the Staff or the Service responsible for the Content transmitted.
Notorious Games or anyone placed in position by Notorious Games has the right but not the obligation to terminate ANY account on the service if the said account has broken any part of these terms, no matter how minor. Termination of accounts is done on a case-by case basis and the specific member of the Staff of the Service determines the outcome of that particular Terms of Service violation. Each case is different, and each will be treated differently, on that member's sole discretion.
The Creator of the said Account on the Service is not required to be notified at any time before termination of the Account. However, in most cases, the Creator will be notified of the violation in hopes that the Creator will fix this violation. If no compliance is made, the Account will most likely be terminated. As said earlier, termination is done on a case-by-case basis, and for more severe cases, notification of the Creator will most likely not happen, and an action will be taken immediately. Additionally, the reason why they said account was terminated is not required to be given to the Creator, as the Creator should be aware of the violations that are occurring at the said Account.
The creation of a secondary or alternate account used to circumvent a temporary or permanent banning will result in a permanent ban of all forum and game accounts associated with the offending user and associated IPs without notification.
Xsyon.com may contain documents, files, articles, photos, icons, graphic, logos, and other copyrighted materials owned by us or our content providers. You must contact the copyright owner for permission to use third party materials.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may contact Notorious Games Support
The following Ownership and copyright information applies only to materials we own.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Notorious Games. As such, you are authorized to view, copy, download, and print on a single computer for personal, non-commercial use, provided that :
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NOTORIOUS GAMES, ITS RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL NOTORIOUS GAMES, ITS AFFILIATED COMPANIES, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOTORIOUS GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOTORIOUS GAMES'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Notorious Games, you agree to defend, indemnify, and hold harmless Notorious Games and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. Notorious Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Notorious Games in asserting any available defenses.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this site shall be filed only in the state or federal courts located in the State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Notorious Games with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Notorious Games with respect to this site. If any part of these Terms of Service 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 the parties, and the remaining portions shall remain in full force and effect.
By posting or submitting content to this site, you grant Notorious Games and its affiliates and licensees the perpetual right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Notorious Games will not infringe or violate the rights of any third party.
This site may contain links or advertisements to external websites or systems not owned or controlled by Notorious Games. Nothing contained in this site, or in any of the links, should be construed to be an endorsement, recommendation, or preference for a commercial product, process, or service. When you link to an external site, you are subject to the policies of the new site, including the new site's use and privacy policies.
We or our business partners may collect and process the following data about you:
We or our business partners may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our partners. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us:
Like most Internet services, we may also use log files on the server side. The data held in log files includes your IP (Internet Protocol) address, browser type, e-mail application, Internet service provider, referring/exit Web pages, computer platform type, date/time stamp, and user activity (e.g., feature usage, user rankings, game statistics). WN uses server log data to analyze trends, administer the services offered through the Website. IP addresses are not tied to any personally identifiable information.
The software enabling the Website has associated log and temporary files that are stored on WN's servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Website. Your information may also exist within regularly performed server backups. The foregoing information is collected on an aggregated and anonymous basis.
Notorious Games or an approved representative of Notorious Games has the right to modify these terms in any way at any time, without notification to any Users or unregistered Users (the "Guests").
These Terms were last modified on August 13, 2012. Any revisions to these terms affect all users, and all users must comply with any revisions as soon as possible.