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Terms of Service

Last Updated January 18th, 2010

1. ACCEPTANCE OF TERMS
XboxAmerica.com ("Xbox America") provides this service to you (the user), subject to the following Terms of Service ("TOS"), which may be updated by us without notice to you. You may always view the most recent version of the Terms of Service at http://xboxamerica.com/tos. In addition to this Terms of Service, any other posted rules or restrictions must also be followed.

Xbox America, at the moment, provides users with access to a collection of resources including but not limited to forums, blogs, personal web pages, communication tools, articles, information, shopping and social events (the "Service"). You also understand and agree that the Service may include third party supplements to the Service such as advertisements, or other related web services. You understand that the Service may include communications and sharing of information with websites associated with Xbox America. Any new additions to enhance, or add to the current Service are also subject to this TOS. You understand and agree that the Service is provided "AS-IS", and Xbox America assumes no responsibility for timeliness, deletion, mis-delivery or failure to store any user communications, settings, or other online interaction. You are responsible for any associated fees in obtaining access to the Service. You must provide and be responsible for all equipment and requirements to access the Service.

2. AGE REQUIREMENT
In using the Service, you represent that you are of thirteen years of age or older, and that you are not barred from receiving services under the laws of the United States.

3. MEMBER CONDUCT
You understand that all information, data, text, music, sound, graphics, photos, images, videos, messages, software, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the individual from which such Content originated. You, not Xbox America, are responsible for all Content you upload, post, transmit, email, or otherwise make available through the Service. Xbox America does not control the content made available through the Service and thus does not guarantee the accurate, integrity or quality of the Content. You understand that using the Service may expose you to Content that is offensive or objectionable. Xbox America will, under no circumstances, be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of any Content posted or made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. offer to sell any in-game items, characters, currency, accounts or powerlevelling services in any game where such transactions are prohibited by the publisher of the game
4. impersonate any person or entity, including, but not limited to, a Xbox America official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
9. upload, post, email, transmit or otherwise make available any material that contains software viruses, keyloggers or any other computer code, files or programs designed to interrupt, destroy, compromise the security of, or limit the functionality of any computer software or hardware or telecommunications equipment;
10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. create multiple accounts for the same person to increase the score of any content rating or user reputation, manipulate Xbox America to increase access to achievements or awards, engage in "sock puppetry," or for any other purpose at all.

You acknowledge that Xbox America may review Content, and Xbox America and it's team have the right (but not the obligation) in their sole discretion to edit, refuse, remove, move, modify or otherwise change any Content made available through the Service.

You also acknowledge, consent and agree that Xbox America may access, preserve and disclose your account information and Content if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Xbox America, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Xbox America and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You shall be solely responsible for your own forum posts, blogs, personal pages, videos, images and any other content submissions you make to the Service. Xbox America does not claim ownership in your content submissions; you retain all of your ownership rights in your submissions. However, by submitting content the Service, you hereby grant Xbox America a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and any Xbox America (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you or Xbox America administrators remove or delete your content submissions from the Service.

6. INDEMNITY
You agree to indemnify and hold Xbox America, and its subsidiaries, affiliates, directors, officers, agents, co-branders, sponsors, advertisers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Xbox America membership name), use of the Service, or access to the Service.

8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Xbox America may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Xbox America's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Xbox America has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Xbox America reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Xbox America reserves the right to modify these general practices and limits from time to time.

9. MODIFICATIONS TO SERVICE
Xbox America reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Xbox America shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION
You agree that Xbox America may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, or (g) if Xbox America, in its sole discretion, determines that your use of the Services is harmful to Xbox America. Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to mail, Forums, Usergroups, Messages, Chat, Galleries, Blogs, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Xbox America's sole discretion and that Xbox America shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Xbox America shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Xbox America has no control over such sites and resources, you acknowledge and agree that Xbox America is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Xbox America shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. WAIVER AND SEVERABILITY OF TERMS
Waiver and Severability of Terms. The failure of Xbox America to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
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