End User License Agreement
HEXWAR GAMES, LLC
Please read carefully before using this site
The following are the terms of a legal agreement between you and HEXWAR GAMES, LLC, its subsidiaries and affiliates (hereinafter collectively referred to as "HEXWAR GAMES, LLC"). By accessing, browsing, and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties. HEXWAR GAMES, LLC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content are illegal are prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The copyright in all material provided on this Site is held by HEXWAR GAMES, LLC or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of HEXWAR GAMES, LLC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify, copy or distribute the materials, and that you keep all copyright and other proprietary notices contained in the materials. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without HEXWAR GAMES, LLC's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, HEXWAR GAMES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. HEXWAR GAMES, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HEXWAR GAMES, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF HEXWAR GAMES, LLC OR A HEXWAR GAMES, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME JURSDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HEXWAR GAMES, LLC and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. HEXWAR GAMES, LLC may make changes to these materials, or to the products described therein, at any time without notice. HEXWAR GAMES, LLC makes no commitment to update the materials.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by HEXWAR GAMES, LLC for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
HEXWAR GAMES, LLC may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, or other user forums, and the content of any such communications or transmissions. HEXWAR GAMES, LLC, however, will have no liability related to the content of any such communications or transmissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
You agree to indemnify, defend and hold HEXWAR GAMES, LLC and its respective officers, directors, owners, agents, information providers and licensors (collectively, the "HEXWAR GAMES, LLC Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any HEXWAR GAMES, LLC Party in connection with any use or alleged use of the chat rooms, bulletin boards, or other user forums by you. HEXWAR GAMES, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HEXWAR GAMES, LLC's defense of such claim.
You should be aware that when you are on HEXWAR GAMES, LLC's Site, you could be directed to other sites that are beyond our control. There may be links to other sites from HEXWAR GAMES, LLC that take you outside the service we provide. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
This Agreement shall be construed in accordance with the laws of the State of Oregon, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Oregon State courts located in Eugene, Oregon. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by HEXWAR GAMES, LLC in these same courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of HEXWAR GAMES, LLC's agents, licensors, licensees, successors, and assigns.
Last Edit 02-14-2010 08:25 PM