• Terms Of Service

    Xsyon™

    Forum Terms of Service Agreement Updated August 13, 2012

    1. Acceptance of Terms

    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.

    2. Registration Obligations

    When registered at the Service, the User agrees to:

    While registering, provide true, accurate, current, and complete information about yourself, mainly including e-mail address (the "Registration Data").
    Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Registration Data is ever untrue, inaccurate, not current, or incomplete, Notorious Games or an approved representative of Notorious Games has full grounds to suspend or terminate their hosting account.
    3. Member Account, Password and Security

    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:

    Immediately notify the Staff of any unauthorized use of the Creator's password or Account or any other breach of security.
    Ensure that the User exits from the User account ("Account") at the end of each session. The Service is in no way responsible for any unauthorized use of the Account.
    4. Forbidden Content

    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:

    Posting or displaying, in any form, any content that may be considered private by another person and or Notorious Games or an approved representative.
    Flaming, bashing or threatening of any individual or group.
    Using "1337" text, binary or any other method of reproducing inappropriate content or avoiding language filters.
    Personal attacks on any Notorious Games personnel or approved representative.
    Posting using obscene or otherwise offensive language, the definition of offensive being that which is determined by Notorious Games or an approved representative.
    Posting of duplicate threads in more than one category.
    All violations of the TOS must be reported to an approved representative of Notorious Games via a non public method, such as a post reporting feature. Violations of the TOS are not to be made public by any party unless approved by Notorious Games or an approved representative.
    Linking to content in violation of the TOS. This includes any third party websites, blogs, audio broadcasts or any other medium determined by Notorious Games or an approved representative.
    Intentionally derailing a topic of conversation from the posted subject.
    Editing or altering any text left by Notorious Games or an approved representative in any forum post.
    Posting advertisements, chain letters, pyramid schemes, commercial solicitation.
    Posting copyrighted material without permission.
    Posting or reopening of locked topics. If a topic has been locked, do not create another topic. Any questions about a locked topic should be directed to a Moderator or Community Manager via private message.
    The user shall in no way gain increase their post count by any means other than legitimate posts. “Bumping”, as defined by Notorious Games or an approved representative, is not to be performed under any circumstances.
    Posting content intended to take advantage of forum or server bugs or exploits.
    Posting content, or the names or URL`s of sites, which explain or advertise illegal exploits.
    Posts that contain names of suspected cheaters, or cheating allegations. All such allegations must be sent to an approved representative of Notorious Games and not be made public.
    Rants, or posts, the purpose of which is merely to complain about a representative of Notorious Games, player, or player created organization.
    The use of open proxies to connect to the forums.
    "Trolling" or posting content designed to inflame, incite or that has no purpose at all. The definition of “trolling” is at the discretion of approved representatives of Notorious Games.
    False reporting of posts and/or abuse of the reporting feature.
    Evading or attempts to evade warnings, bans, or other administrative actions.
    Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
    Impersonate any other User, unregistered visitors to the Service ("Guests") or the Staff of the Service in any way.
    Manipulate others, including Guests, Users, and the Staff via the Service.
    Upload, post, email, transmit, link to, or otherwise make available any pornography, nudity, or other "adult" content.
    Upload, post, email, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    Upload, post, email, transmit, link to, or otherwise make available any illegal copies of software ("Warez").
    Gambling or casino related content.
    "Stalk" or otherwise harass another; or collect or store personal data about other users.
    Cause (an) other User(s) or Guest(s) to react with a Flame (to "Troll").
    Discriminate against someone because of their race, religion, sexual orientation, lifestyle or culture.
    Endorsing the breaking of any of the previously listed rules.

    5. Content Responsibility

    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.

    6. Termination of Accounts

    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.

    7. Ownership and Rights

    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 :

    You do keep all copyright and proprietary notices intact
    The documents may be used solely for personal, noncommercial, and informational purposes, they may not be posted or distributed.
    The documents may not be modified.
    All copyright and other proprietary notices must be retained in the document.
    8. Disclaimer of Warranties

    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.

    9. Limitation of Liability

    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.

    10. Indemnification

    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.

    11. Choice of Law and Jurisdiction

    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.

    12. Severability and Integration

    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.

    13. Limited License

    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.

    14. External Links

    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.

    15. Collecting Personal Information

    We or our business partners may collect and process the following data about you:

    Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for any information (required for organization of activities) when you enter a competition or promotion sponsored by our business partners and when you report a problem with our site.
    If you contact us, we may keep a record of that correspondence.
    We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
    Details of transactions you carry out through our Website and of the fulfillment of your orders.
    Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs, and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
    For some activities, we may ask you to create a username and password and/or to provide other, non-personal information such as your age, date of birth, gender, and/or game and platform preferences; and, combine such information with your personal information. In addition, your web browser or client software may transmit certain geographic information or information regarding your computer (capabilities, game data processing, etc.) to WN. We may use this information to generate aggregate statistics about our user community and may provide such non-personal information to advertisers and/or our partners. In addition, WN may use such information for security, system integrity (the prevention of hacking, cheats, etc.), or enforcement purposes.
    16. IP Address and Cookies

    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:

    To estimate our audience size and usage pattern.
    To store information about your preferences, and so allow us to customize our Website according to your individual interests.
    To speed up your searches.
    To recognize you when you return to our Website.
    You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.
    17. Log Files

    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.

    18. Privacy Policy

    Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

    Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
    We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
    We will only retain personal information as long as necessary for the fulfillment of those purposes.
    We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
    We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    We will make readily available to customers information about our policies and practices relating to the management of personal information.
    We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
    19. Modification of Terms

    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.