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Author Topic: Global Member Agreement (GMA)  (Read 1465 times)

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Global Member Agreement (GMA)
« on: February 22, 2016, 05:35:03 PM »


Global Member Agreement (GMA)

Your membership to Xiphos eSports (this "Membership") is offered on the grounds that you agree to this Global Member Agreement (this "Agreement"). Xiphos eSports ("us") may modify this Agreement at any time without notice to you, by posting the revised Agreement on our sites. Your acceptance of Xiphos eSports's offer of Membership and use of its sites constitutes your binding acceptance of this Agreement, including any modifications that Xiphos eSports makes.

You must be at least 13 years old to register for Membership. Xiphos eSports does not knowingly collect any information from any users under 13 years of age, and if it is found that an underage user has fraudulently registered, their membership will immediately be terminated.

You agree upon and understand that Xiphos eSports has the right, but not the obligation, to take any of the following actions at its sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.

You agree that Xiphos eSports will not be liable to you or any third party for taking any of these actions.

You understand and agree that Membership may include communications such as announcements and administrative messages from us and that these communications are considered part of the Membership. You may opt out of receiving these messages, however we are not liable or responsible for any actions that you take or do not take due to you having opted out of the above mentioned communications. You also understand that Membership may or may not include advertisements.

Use of our sites is subject to existing laws and legal process. Nothing contained in this Agreement shall limit Xiphos eSports' right to comply with governmental, court, and law-enforcement requests or requirements relating to your membership within Xiphos eSports.

1. Your Conduct As A Xiphos eSports Clan Member

Without limiting the foregoing, you agree that you will not take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
7. Restrict or inhibit any other user from using and enjoying any public area within our sites;
8. Collect or store personal information about other end users;
9. Interfere with or disrupt our sites, servers, or networks;
10. Impersonate any person or entity, including, but not limited to, a Xiphos eSports representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
11. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
12. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

If Xiphos eSports requests registration and communication information from you, you will provide Xiphos eSports with true, accurate, current, and complete information. You will promptly update such information to keep it accurate, current, and complete.

If Xiphos eSports issues you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify Xiphos eSports of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

You agree to use Xiphos eSports' bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in Xiphos eSports' sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, Xiphos eSports reserves the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options as seen fit by Xiphos eSports.

You agree not to expose, publicize, divulge, grant unauthorised access to, sell, discuss externally, exchange and/or trade (collectively "mishandling") all threads and data that has been posted in or moved to a category with the "Members Only - " prefix. Xiphos eSports reserves the right, with prior notice, to demote you from your current rank, place and/or terminate your Membership as seen fit by Xiphos eSports, if and when the above mentioned threads and data has, by your fault, been mishandled.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Xiphos eSports' sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Unauthorized access to Xiphos eSports property is a breach of this Agreement and a violation of the law. You agree not to access Xiphos eSports property by any means other than through the interface that is provided by Xiphos eSports for use in accessing Xiphos eSports property. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any property of Xiphos eSports, except those automated means that we have approved in advance and in writing.

2. Cheating & System Exploitation

Within a multiplayer environment, game or competition, cheating of any kind (including by exploiting any bug or error) is expressly prohibited, this includes exploiting any deficiency in code or design, or in the code or design of any third party product or service used in connection with Xiphos eSports, to gain an unfair advantage or to gain unearned or unauthorized privileges, access or abilities not clearly intended by the product's design. Xiphos eSports reserves the right, with prior notice, to demote offenders from their current rank, place and/or terminate their Membership as seen fit by us.

Xiphos eSports will also actively support and/or contribute to exposing offenders.

Xiphos eSports will also actively support and/or contribute to disciplinary action taken against offenders, such as banning the offender from game servers.

Communicating supportive and/or contributive information about such activities to others will also be considered cheating and/or exploitation.

3. Indemnification

You hereby agree to indemnify, defend, support and hold Xiphos eSports and all of our officers, members, owners, agents, information providers, affiliates, partners, and licensors (collectively, the "Xiphos eSports Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Xiphos eSports Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
1. Your use of Xiphos eSports sites and property;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to Xiphos eSports' sites;
4. Your connection to Xiphos eSports' sites;
5. Your violation of these this Agreement; or
6. Your violation of the rights of any other person or entity.

Xiphos eSports reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

4. Miscellaneous

Xiphos eSports may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon Xiphos eSports posting them on its sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide Xiphos eSports with accurate information, Xiphos eSports cannot be held liable if we fail to notify you.

Xiphos eSports' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

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 our sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Xiphos eSports and govern your membership within Xiphos eSports, superceding any prior agreements that you may have with us.

This Agreement shall be construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, and the parties irrevocably consent to bring any action to enforce this Agreement before an arbitration panel or before a court of competent jurisdiction in the Democratic Socialist Republic of Sri Lanka if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

Xiphos eSports may modify this Agreement at any time without notice to you by posting the revised Agreement on Xiphos eSports sites.


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