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SBGaming.COM Member "Terms of Use and Conditions of Service" (TOU&COS) Agreement – Effective 7/22/2009

By your use of the sbgaming.com website, you expressly understand and agree that:

SBGaming.com (Squad Based Gaming) makes no warranty that (1) the Service will meet your requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (5) that your email or voice mail messages will not be lost, and (6) any errors in the software will be corrected.

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material.

To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.

-No Endorsement of Member Content: You acknowledge and agree that the SBGaming Sites do not endorse the content of any member and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the SBGaming Sites do not pre-screen all content, but that the SBGaming Sites and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.

-Changes to these Terms and Conditions

We may change these Terms and Conditions, from time to time, to comply with the law and any codes of practice or to improve the Site or the services available through it. We will notify you of any changes by making an announcement on the Site. If you do not wish to accept any changes to these Terms and Conditions you should stop using the Site after they have been announced on it and ask us to make your account inactive. You can do this by submitting a support ticket. If you continue to use the Site after the date the change takes effect, your continued use of the Site will indicate your agreement to be bound by the changed Terms and Conditions.

Registering for the Community Forums (the "Boards")/Ladders: You agree to use the forums, team and private threads only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the forums, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of all SBGaming Community members and staff.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial or personal purpose.
- Advertise competitor competition ladder sites or gaming events (Ladders, Tourneys, Etc.) in direct completion with SBGaming.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the message boards.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

-Right of Cancellation: If you cancel your registration, its cancellation will take effect immediately. After cancellation, you will no longer be eligible to play and game, interact on the forums (the "Boards"), or participate in any tournament, on the Site, including any you have already started but which have not finished at the time of cancellation.

-Message Board/Ladder Site termination: SBGaming reserves the right to terminate your access without notice to any or all of the Boards, Forums, ladders, or any sites controlled by SBGaming at any time without notice for any reason whatsoever.

-Monitoring: SBGaming and its affiliates have no obligation to monitor the Boards or the content posted on your user profile. However, SBGaming and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SBGaming or any of its affiliates' sole discretion.

-Availability of the Site: We make no promise that you will be able to access the Site or that it, or the services available through it, will meet your requirements. We also make no promise that the services you receive through the Site will be fault free or available when you want them. We may occasionally restrict your access to the Site, or particular services, to make repairs, to maintain the Site or to introduce new facilities or services to the Site.

-Usage: The Boards are a public forum and not private communications and others may read your communications without your knowledge (Unless stated otherwise on the forums). You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages are done so at your own risk. SBGaming is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. SBGaming and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, SBGaming specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board.

By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through SBGaming, its Boards or User Pages, you are granting SBGaming permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

-Shoutbox: The Site contains a Shoutbox to which you may contribute after you have registered on the site. When you enter the Shoutbox, and each time you make any contribution to it (including any graphics), you confirm that your contributions will:
-be civil and not disruptive, offensive, abusive, objectionable or unlawful;
-not include harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented or racist material;
-not depict or promote any unlawful activity;
-not include advertising; and
-not impersonate any person.
We advise you not to reveal any personal information about yourself or anyone else (including any telephone number, address or email address) in any chat room, or to meet alone any person with whom you make contact through any chat room. If you are under 18 years of age please ask your parent or guardian for permission before making any contribution to, or meeting any person with whom you have made contact through, any chat room.
We may, but do not have to, monitor contributions on the Shoutbox or on the Site and remove and/or edit them as and when we choose. By making any contribution to the Shoutbox you agree that we may do this and that we may forward your contributions, and details about you, to any law enforcement authority.

-Our Liability: The Site is provided by us without any warranties or guarantees. You must bear the risks associated with using the Internet.
The Site includes content from other Internet sites or resources. We will not be responsible if any of this is incorrect, incomplete or not reputable; you alone must bear the risks of relying on that content. We will not be responsible for any technical problems you may experience with the Site. If we are informed of any errors in the contents on the Site we will try to correct them as soon as we reasonably can. In addition, we will not be liable for any losses or expenses you suffer in connection with any:
-Incompatibility of the Site with any computer equipment, software or telecommunications links; or
-Technical problems, including errors or interruptions of the Site.
You agree that we will not be liable to you for any loss of income, profits or data in connection with your use of the Site.

-Your Liability: You will pay all our losses and expenses arising in connection with:
Any claim by anyone that your use of the Site is, or has been, defamatory, offensive or abusive or of an obscene or pornographic nature, or that it is or has been illegal or a breach of any law, regulation or code of practice; and Any claim by any third party that your use of the Site infringes, or has infringed, any person's copyright or other rights, of whatever nature, including other intellectual property rights. The above will not apply to any loss or expense arising only out of our provision of the Site or the services available through it.

-Limitations for use of the site: You may not use the Site for any of the following purposes:
-Sending or sharing any unlawful, harassing, threatening, libelous, abusive, harmful, vulgar, obscene or otherwise objectionable material;
-Sending or sharing any material that encourages criminal activity or which causes any person to breach any law, regulation or code of practice;
-Interfering or disrupting networks or web sites;
-Interfering with any other person's use or enjoyment of the Site;
-Breaching any laws concerning the use of public telecommunications networks;
-Gaining unauthorized access to any computer systems;
-Making, transmitting or storing electronic copies of the materials protected by copyright without our permission; and
-Any business purpose.

-Other: You cannot give any other person any of your rights under these Terms and Conditions and nobody except you and we can enforce any of these Terms and Conditions. If a court decides that any of these Terms and Conditions is invalid, that decision will not affect the rest of these Terms and Conditions. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control. Where these Terms and Conditions use the words "include" or "including", those words will be understood to mean "include without limitation" and "including without limitation", respectively.

-Our Rights: We reserve the right to cancel your registration on the Site, and/or disqualify ("Ban") you from forum usage, any tournament, any league, any ladder play you have participated in, or are participating in, at our sole discretion and/or if you do not comply with any of these requirements concerning the Shoutbox or forums (the "Board") on the Site or other inappropriate actions by you against this site. You understand that the views expressed in the Shoutbox, or on the Site Forum Boards do not represent the views of SBGaming views.

-Gamertags: You MUST use a valid Xbox Live Gamertag (NO GUEST ACCOUNTS), and you must include your Xbox Live Gamertag in your user profile. If you change your Xbox Live Gamertag, You must notify us immediately of your new Xbox Live Gamertag. If failure to notify us, and you are playing on ladders, league play, or tournaments you may be dismissed ("Banned") from competitions and forums.

-Disrespecting SBGaming Staff: Any arguments containing or acting on the use of profanity, ridiculing, derogation, contumely, insults, being impudence, stating "You do not care" about site rules, terms and/or action stated, not following direct staff warnings, avoiding communications, or asking to be banned will not be tolerated. Any such actions can result in your account being disqualified ("Banned") and/or terminated from the site. SBGaming staff is available here not subject to just moderation, but making sure all members are participating in an enjoyable environment. This rule applies to all forms of communication with SBGaming staff such as MSN, AIM, Private Messages, Forums, Phone, text messaging, etc.

-Private Threads: All private threads on the SBGaming forums (the "Board") are subject to moderation from SBGaming staff as we choose, and members are warned to enter at their own risk. We will not be taking complaints because you do not agree with a certain topic, or the way someone is defending, proposing, or discussing a certain topic. SBGaming reserves the right to close, delete, and moderate any thread in all private area's at our sole discretion.

-Violations: Please report any violations of the TOU&COS agreement to the Site Owners at the Contact us link here: Contact Us or at the Feedback to Owners private forum thread here: SBGaming Feedback To Owners

Last Updated 8/29/2009.