Welcome and thank you for visiting our network of websites,
XiledGaming.com,
XGCOnline.com,
XGCLive.com,
KoGLive.com,
SYNLive.com,
XiledDesign.com,
XiledPaintball.com, and
ClanCompete.com (each a “Website”). These Websites are an interactive online service operated by Xiled Gaming Company, Inc. (“Xiled Gaming” or “XG”) located in Florida. We are glad you have decided to join our community, and we look forward to your involvement with this Website. This terms of use agreement (the “Agreement”) applies to all Websites offered by XG (collectively, the “Services”).
YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS. IN ORDER TO USE THE SERVICES, YOU MUST FIRST ACCEPT THE AGREEMENT. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE SERVICES. THIS AGREEMENT IS SUBJECT TO CHANGE BY XG AT ANY TIME, EFFECTIVE WHEN POSTED ON THE SERVICE. YOUR CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
1. General: (A) This Agreement sets forth the terms and conditions that apply to your use of the Services. Without limitation, by using or accessing the Services, you agree to comply with all of the terms and conditions hereof. The right to use the Services is personal to you and is not transferable to any other person or entity. You are responsible and liable for protecting the confidentiality of your password(s), if any, and are fully responsible for the use of the Services by any other person you permit to access the Services. Please notify XG immediately of any unauthorized use of your password and account or any other breach of security.
(B) XG may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms: XG may at any time change or modify these terms and conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice will be deemed to constitute your acceptance of such changes, modifications, additions or deletions. If any modification, change, addition or change to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Services.
3. Equipment: You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Services and all charges related thereto.
4. About Our Services: (A) As a commitment to our users, we currently provide you with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming. Some Services are presently provided free of charge, but it is possible that XG may charge for certain Services in the future. XG will not charge you for any such Services unless you provide affirmative consent prior to such charges.
(B) Service Limitations: We do our best to make your experience with the Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, you agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. XG does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
(C) Service Changes and Discontinuation: XG reserves the right to change or discontinue, temporarily or permanently, the Services at any time without notice. You agree that XG will not be liable to you or any third party for any modification or discontinuance of the Services.
(D) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another individual or company. Your use of these other services, software or goods may be subject to separate terms between you and such other company or individual. If so, this Agreement does not affect your legal relationship with such other companies or individuals.
5. Your Conduct: (A) You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update your registration data to keep it current and accurate.
(B) You shall use the Services for non-commercial, lawful purposes only. Any other use, or commercial use, of the Services requires the prior written approval of XG.
(C) You shall not post or transmit through the Services anything that contains content that:
is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
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; or contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
These categories of prohibited content are merely examples and are not intended to be exhaustive. Any conduct by you that, in XG’s sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. XG shall have the right, but not the obligation, to monitor the content of the Services , including chat rooms, PMs, and forums, to determine compliance with this Agreement and any operating rules established by XG and to satisfy any law, regulation or authorized government request. XG will make the sole determinations as to what content is acceptable in its sole discretion. XG may include, edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of XG, violations of the foregoing may result in removal of the prohibited communications and/or termination of your access to the Services.
You understand that, when using the Services, you will be exposed to content from a variety of sources, and that XG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Services. XG does not pre-screen or endorse any member content and is not responsible or liable under any circumstances for such content.
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D) You understand that access to the Services may result in access to other users’ names, screen names, e-mail addresses, or other user information (collectively, “User Information”), and you acknowledge and agree that such User Information and any XG Services constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services. You further agree not to disclose or otherwise use any proprietary or confidential information appearing on the Services without the prior written consent of XG, whether such information is labeled “confidential” or “proprietary” or could reasonably be regarded as confidential or proprietary.
(E) The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Website are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Website will be permitted without the express permission of XG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
(F) You shall not upload, post, submit or otherwise make available on the Website any third-party material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website , or otherwise submitting materials to XG, you automatically grant, or warrant that the owner of such material has expressly granted XG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that XG does not want to receive confidential information from any user and any information received will be deemed NOT to be confidential.
(G) As part of the Services, XG may offer you the ability to include certain personal information in your public XG profile. You acknowledge that if you choose to include personal information your public profile, then you are allowing others to view and access such information. The XG profile functionality may also include the ability to link your Xbox LIVE and PlayStation Network account information. Such functionality requires that you provide XG your Xbox LIVE and/or PlayStation Network account login information. By providing such information, you consent to XG submitting such information to Sony and/or Microsoft authentication servers to access and retrieve information associated with such accounts, including trophy, achievement, and video game data.
(H) XG offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you.
6. Disclaimer of Warranty; Limitation of Liability: (A) USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER XG, XG’S AFFILIATED COMPANIES, XG’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “XG PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL.
(B) XG PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT XG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL XG, THE XG PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH XG MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE XG WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS OF THE SERVICES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER XG, NOR THE XG PARTIES, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
7. Exclusive Property: XiledGaming, XG, the XG logos, ClanCompete, and the ClanCompete logo are the exclusive properties of Xiled Gaming Company, Inc.
Questions: Should you have any questions regarding this Agreement you may
contact us through the Website or e-mail us at:
xiledgaming@xiledgaming.com
Effective Date: May 25, 2013.
Replaces Terms of Service Date: April 11, 2007