XboxMB - Xbox Message Boards - Terms of Service

» Terms of Service

PLEASE READ CAREFULLY. THIS SUBSCRIPTION AGREEMENT (THE "SUBSCRIPTION AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND XboxMB ("XboxMB", "WE" OR "US"). BY SUBSCRIBING TO ANY XBOXMB SERVICE YOU ARE INDICATING THAT YOU HAVE READ THIS SUBSCRIPTION AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS SUBSCRIPTION AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR SUBSCRIPTION TO THE XBOXMB SUBSCRIPTION SERVICES THAT YOU HAVE SELECTED (THE "SUBSCRIPTION SERVICES"). IF YOU DO NOT AGREE TO ANY TERMS OF THIS SUBSCRIPTION AGREEMENT, YOU MUST USE YOUR BROWSER'S BACK BUTTON STOP THE SUBSCRIPTION REGISTRATION PROCESS.

WE MAY FROM TIME TO TIME AMEND, SUPPLEMENT OR MODIFY THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT. IF WE MAKE MATERIAL CHANGES TO THIS SUBSCRIPTION AGREEMENT, WE WILL POST AN UPDATED VERSION OF THIS SUBSCRIPTION AGREEMENT AND WE MAY PROVIDE YOU WITH FURTHER NOTICE OF THE CHANGES VIA EMAIL. NOTWITHSTANDING THE FOREGOING, IT IS YOUR RESPONSIBILITY TO CHECK THIS SUBSCRIPTION AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF ANY SUBSCRIPTION SERVICES FOLLOWING THE POSTING OF ANY UPDATED SUBSCRIPTION AGREEMENT CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH UPDATED SUBSCRIPTION AGREEMENT. ANY AND ALL USE OF THE SUBSCRIPTION SERVICES AFTER THE POSTING OF AN UPDATED SUBSCRIPTION AGREEMENT WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH UPDATED SUBSCRIPTION AGREEMENT.

Authorized End Users: You hereby represent, warrant and covenant that (i) you are a natural person, 18 years of age or older, and (ii) you are and will be during the term of this Subscription Agreement in full compliance with the terms and conditions of the Terms and this Subscription Agreement. We are relying on the foregoing representations and agreements and would not allow you to use the Subscription Services if such representations and agreements were not true.

Permitted Uses: You have a limited, nontransferable, nonexclusive, revocable, nonsublicenseable right to access and use the activities and services that XboxMB makes available in connection with the Subscription Service which you have selected solely for your personal, noncommercial use in accordance with the terms of this Subscription Agreement. XboxMB and its licensors retain all right, title and interest in and to any and all content or other works of authorship made available as part of the Subscription Services (the "Subscription Content"). No right, title or interest in any Subscription Content is transferred to you as a result of your exercising any of the rights granted to you in this Subscription Agreement.

Additional Restrictions: The limited rights granted to you pursuant to this Subscription Agreement does not include any resale or commercial use of the Subscription Service or any Subscription Content; any collection and use of any Subscription Content, descriptions, or prices; any derivative use of the Subscription Services or Subscription Content; any downloading or copying of account information for the benefit of another entity or person; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, distribute, share or make available to any third party, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the Subscription Services, the Subscription Content, or any portion of the foregoing, without express written consent of XboxMB. Any unauthorized use terminates the permission and/or license granted by XboxMB without the need for further action by XboxMB.

Horizon: Upon subscribing to any XboxMB service, you agree that you will NOT reproduce, duplicate, copy, sell, resell, distribute, share or make available to any third party, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose or non-commercial purpose any part of the Horizon program or XboxMB server. You agree that XboxMB has the right to revoke your subscription service and all related content if there is any suspicion of your failure to comply with the above terms.

Technological Limitations: XboxMB will use reasonable efforts to keep the Subscription Service operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. XboxMB also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of any of the Subscription Service or the Subscription Service in its entirety with or without notice. If XboxMB permanently discontinues the Subscription Service or this Subscription Agreement (other than in the case of a termination of your account for cause), XboxMB will provide a pro-rata refund to you of the unused portion of any pre-paid Subscription Fee (as defined below). You agree that XboxMB shall not be otherwise liable to you or to any third party any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Subscription Service.

User Account and Password: As a registered user of the Subscription Services, you will establish an account. You are solely responsible for protecting the confidentiality of such account, including, but not limited to your password. You should never disclose you account information or password to anyone. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL PURCHASES AND OTHER ACTIVITIES WHICH OCCUR THROUGH YOUR ACCOUNT. You agree to immediately notify us of any unauthorized use of your account. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING OUT OF UNAUTHORIZED USE OF YOUR ACCOUNT.

Subscription and Billing: You shall pay XboxMB's current charges for all use of the Subscription Service as such charges are in effect from time to time. You shall pay for all Subscription Services ordered through your User ID and Password.

Payment Methods: Prior to using any Subscription Services, you must provide us with the applicable payment using one of the following payment methods; FastSpring.

Billing: As a subscriber, you agree that we are permitted to charge your Credit Card the appropriate fee (the annual subscription fee, tri-annual fee, or the monthly subscription fee, depending on your selection), any applicable sales tax and any other charges you may incur in connection with your use of the Subscription Service (collectively, the "Subscription Fee"). The Subscription Fee will be billed automatically to your Credit Card unless and until you cancel your subscription.

Automatic Renewals: Unless you cancel or we terminate your subscription in accordance with this Subscription Agreement, your subscription to the XboxMB Subscription Service will be automatically renewed for successive annual subscription terms on a yearly basis for XboxMB Diamond Annual, successive six month periods for the semi-annual plan, or successive monthly subscription terms on a monthly basis for XboxMB Diamond Monthly. For your convenience, we will charge the then-current subscription fee to the Credit Card you provide to us during registration. Notwithstanding anything herein to the contrary, we have the right to change our prices and billing methods applicable to the Subscription Services from time to time and such changes are effective immediately upon posting on the Site or by email delivery to you; provided that if we have increased the fee for your renewal Subscription Service, we will use commercially reasonably efforts to notify you of such increase, at the e-mail address you have provided to us, at least ten (10) days prior to renewal so that you have an opportunity to cancel your Subscription Service.

Unauthorized Charges: You agree that any discrepancies appearing on your credit card statement will be deemed accepted by you for all purposes unless you notify XboxMB of any such discrepancies within sixty (60) days after they first appear on such statement. You hereby release XboxMB from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within sixty (60) days of its first appearance on a billing statement.

Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT THE SUBSCRIPTION SERVICE AND ALL SUBSCRIPTION CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF XBOXMB, ITS AFFILIATES OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "XBOXMB PARTIES") WARRANT THAT THE SUBSCRIPTION SERVICE WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SUBSCRIPTION SERVICE OR THE SERVER(S) THAT MAKES SUCH SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE SUBSCRIPTION SERVICE, THAT YOUR USE OF THE SUBSCRIPTION SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SUBSCRIPTION SERVICE, AND THAT NONE OF THE XBOXMB PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SUBSCRIPTION SERVICE.

Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE SUBSCRIPTION SERVICE OR OUR CONTENT IS TO STOP USING THE SUBSCRIPTION SERVICE AND/OR THE SUBSCRIPTION CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE XBOXMB PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICE OR ANY OF THE CONTENT, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE XBOXMB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE XBOXMB PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THIS SUBSCRIPTION AGREEMENT OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY XBOXMB PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE XBOXMB PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE XBOXMB PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification: You agree to defend, indemnify and hold the XboxMB Parties harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Subscription Service and/or any Subscription Content.

Termination: You acknowledge and agree that XboxMB may suspend or terminate your access to and use of the Subscription Service at any time, with or without cause, in XboxMB's absolute discretion and without notice, including for any breach of this Subscription Agreement. The relevant version of this Subscription Agreement shall continue to apply to the applicable prior use of the Subscription Service. The following paragraphs of this Subscription Agreement shall survive termination of your use or access to the Subscription Service: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to the Subscription Service.

Cancellation: You may cancel your subscription to the Subscription Service at anytime. To cancel, go to http://www.xboxmb.com/subscriptions and follow the instructions for canceling your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees applicable to the subsequent renewal term to your Credit Card.

Refunds: All fees and charges which you have paid for Subscription Services are nonrefundable. In the event XboxMB terminates your access to the Subscription Service with cause (for example, by willfully violating XboxMB's Rules), prior to the completion of your subscription and you have prepaid for more than one month of Subscription Services, you will not receive a refund for any prepaid or unused Subscription Service fees. However, in the event XboxMB terminates your access to the Subscription Service without cause prior to the completion of your subscription and you have prepaid for more than one month of Subscription Services, you will receive a pro-rata refund for any prepaid and unused Subscription Service fees.

Arbitration, Governing Law and Forum for Disputes: Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of New York applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New York having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes.

General Provisions: Failure by XboxMB to enforce any provision(s) of this Subscription Agreement shall not be construed as a waiver of any provision or right. In the event that any portion of this Subscription Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. This Subscription Agreement constitutes the entire agreement between you and XboxMB with respect to the Subscription Services and supersedes all prior oral or written understandings, communications or agreement not specifically incorporated herein. Any claim under this Subscription Agreement must be brought within one (1) year after the date upon which the cause of action arose or shall be deemed waived.

All times are GMT -5. The time now is 09:30 AM.