1. ACCEPTANCE OF TERMS
PHXX, LLC, dba SpawnPoint.com, ("SpawnPoint") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.SpawnPoint.com/about/tos. Failure to comply with these TOS may result in account revocation, or termination of services.
2. DESCRIPTION OF SERVICE
SPAWNPOINT.COM herein known as "Site" or "Services" is a media portal developed specifically for casual and hardcore gaming audiences and published for use by the public and is solely for noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use of Services and for no other purposes. Developed and Managed by PHXX in partnership with PEER 1, delivering new and ever changing content and functional resources is key to the services we want to provide to our audience.
It is understood and agreed that you will not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of SpawnPoint or its owner if SpawnPoint is not the owner.
SpawnPoint will periodically and at its discretion make available and authorize for public use graphic Material for the purpose of Advertisement of the Service. It is understood and agreed that only authorized Material and linking code will be permitted, and that the material will not be published on websites that contain or link to pornography, or discrimination based on race, religion or sexual preference. SpawnPoint reserves the right to withdraw at its discretion and without notice permission for use of its Material on any site that it deems to be objectionable or to be offensive in nature. Graphic Material provided by SpawnPoint and authorized for use as Advertisement of Services can be found at http://www.SpawnPoint.com/about/assets
You agree to indemnify and hold SpawnPoint, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
5. 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.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SpawnPoint may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that SpawnPoint may establish limits concerning use of the Service and may modify these limits at any time.
7. MODIFICATIONS TO SERVICE
SpawnPoint reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that SpawnPoint shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that SpawnPoint, in its sole discretion, may terminate your password, access, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if SpawnPoint believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at SpawnPoint's discretion, will be terminated as well. SpawnPoint may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SpawnPoint may immediately deactivate or delete your SpawnPoint account and all related information and files. SpawnPoint reserves the right to bar any further access to such files or the Service. You agree that SpawnPoint shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
10. ADVERTISEMENTS AND PROMOTIONS
It is understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for SpawnPoint to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that SpawnPoint has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by SpawnPoint on your Content and throughout the Service are subject to change at SpawnPoint's discretion. 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 SpawnPoint 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.
The Service will from time to time offer GiveAway promotions. These promotions are open to the Spawnpoint.com Internet audience. GiveAway promotion begin/end/drawing dates and winners will be posted on the promotions web page. Only one entry per person allowed. Proof of age and address must be produced upon request of the GiveAway sponsor so that prizes may be forwarded. Spawnpoint.com Employees, Associates, Administrators, the GiveAway sponsor, advertising and promotional agencies and their respective affiliates and associates and such employees' immediate family members and persons with whom such employees are domiciled are excluded from this GiveAway promotion. The GiveAway prize is not redeemable in cash and must be accepted as awarded. Decisions of the GiveAway judges are final - no substitutions will be allowed. Spawnpoint.com and/or the sponsor retains the right, in their absolute and sole discretion, to make substitutions of equivalent kind or approximate value in the event of the unavailability of any prize or component of the prize for any reason whatsoever. Spawnpoint.com will collect, hold, and by way of random drawing determine the GiveAway prize winner. The winner will be provided contact information to the sponsor so that the prize may be awarded. Mailing restrictions may apply. Spawnpoint.com reserves the right to withdraw or terminate any GiveAway promotion at any time without prior notice. By entering this GiveAway, and in accepting the GiveAway prize, the Participant acknowledges that Spawnpoint.com may not be held liable for any loss, damages or injury associated with accepting or using the prize(s). To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Spawnpoint.com at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Spawnpoint.com, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the GiveAway; (c) any non-compliance by the Participant with these Official Rules; and (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Participants involvement with the GiveAway promotion.
The Service, or relevant third parties, may provide links to other web sites or resources. Because SpawnPoint has no control over such sites and resources, you acknowledge and agree that SpawnPoint 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 SpawnPoint 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.
12. MEMBER CONDUCT
You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. SpawnPoint does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be SpawnPoint's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a SpawnPoint staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with SpawnPoint or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post or otherwise transmit 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;
9. 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;
10. 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;
11. "Stalk" or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
14. Use SpawnPoint as a forwarding service to another website;
15. Allow usage by others in such a way as to violate SpawnPoint's TOS;
16. Engage in commercial activities within SpawnPoint or on behalf of SpawnPoint without prior approval.
17. Employ tactics to prevent the full and complete display of advertisements on SpawnPoint pages. These include, but are not limited to, making journal style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on a Plus account's Content or other pages within the Service.
18. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
19. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other accounts or other content when you have not been granted the privileges to do so.
If SpawnPoint determines, in its sole and absolute discretion, that any user is in violation of the TOS, SpawnPoint retains the right to terminate such user's account or access to services at any time without prior notice.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SpawnPoint EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SPAWNPOINT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SpawnPoint.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPAWNPOINT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SpawnPoint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on SpawnPoint are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of SpawnPoint's proprietary rights in them.
16. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and SpawnPoint and governs your use of the Service, superseding any prior agreements between you and SpawnPoint (including, but not limited to, any prior versions of the TOS) and any prior representations by SpawnPoint. The laws of the State of Florida, U.S.A, shall govern the TOS and the relationship between you and SpawnPoint without regard to its conflict of law provisions. You and SpawnPoint agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Seminole, Florida, U.S.A. The failure of SpawnPoint 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You can contact email@example.com to report violations of the Terms of Service.
SpawnPoint may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.