Terms of Service

1. Acceptance of Terms
   Welcome to X-Life Games! X-Life Games provides this service to you, subject to the following Terms of Service ("TOS"), which may be updated by X-Life Games from time to time without notice to you. You can review the current version of the TOS at any time on X-Life Games.
   
   
2. Purpose
   The purpose of X-Life Games is to form an online community of X-Life players including but not limited to: social networking, a customizable avatar, and an online store.
   
   
3. Description of Service
   Social networking features of X-Life Games (www.xlifegames.com), provides its members with a variety of features; including but not limited to: video and photo sharing, access to a community forums, message board, survey polls, and news alerts. X-Life Games reserves the right to alter the types of features and services provided at any time with no notice to its members.
   
   
4. Privacy Policy
   Click here to review our Privacy Policy.
   
   
5. Member Account, Password and Security
   Signing up for participation in X-Life Games is voluntary. You are responsible for maintaining the confidentiality of your login, and are fully responsible for all activities that occur under your login. You agree to (a) immediately notify the X-Life Games Webmaster at webmaster@xlifegames.com of any unauthorized use of your login or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. X-Life Games cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
   
   
6. Member Conduct
   You understand that all information, data, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not X-Life Games, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the site. X-Life Games does not control the Content posted except as described below and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will X-Life Games be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the site.
   
   You agree to not use the site to:
   • post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   • harm minors in any way;
   • impersonate any person or entity;
   • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the site;
   • post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
   • post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   • post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
   • post, email, transmit or otherwise make available 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;
   • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
   • interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
   • intentionally or unintentionally violate any applicable local, state, national or international law;
   • stalk or otherwise harass another; or
   • collect or store personal data about other users.
     You acknowledge that X-Life Games does not pre-screen all Content, but that X-Life Games and its designees shall have the right (but not the obligation) in their sole discretion to edit, delete, refuse or move any Content that is available via the site. Without limiting the foregoing, X-Life Games and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
     You acknowledge and agree that X-Life Games may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of X-Life Games, its users and the public.
     You understand that the technical processing and transmission of the site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
     
     
7. Illegal Behavior
   Illegal behavior involving the use of the Site shall be grounds for the termination of a Member's account. X-Life Games shall fully cooperate with local, state, federal or international law enforcement officials on such matters and prosecute such offences to the full extent of the law and shall be governed by and construed under the laws of the Commonwealth of Virginia without regard to conflicts of law’s provisions thereof. Unless waived by X-Life in writing for the particular instance (which X-Life may do at its option), the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Commonwealth of Virginia and federal courts having within their jurisdiction the location of X-Life’s principal place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Commonwealth of Virginia or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement nor to any dispute or transaction arising out of this Agreement.
   
   
8. 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.
   
   
9. Content Submitted or Made Available for Inclusion on the Site
   X-Life Games does not claim ownership of Content you submit or make available for inclusion on the site. X-Life Games only claims ownership over self generated content created by X-Life Games for inclusion on this site. It does not take responsibility for the inclusion of third party links or other third party content such as articles.
   
   
10. Indemnification
    You agree to indemnify and hold X-Life Games, and its affiliates, officers, agents, grantees or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the site, your use of the site, your connection to the site, your violation of the TOS, or your violation of any rights of another.
    
    
11. No Resale of Service
    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site, or access to the site. By downloading X-LIFE GAMES PRODUCTS YOU HAVE AGREED TO ALL TERMS OF THE END USER LICENSE AGREEMENT.
    
    
12. General Practices Regarding Use and Storage
    You acknowledge that X-Life Games may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the site, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. You agree that X-Life Games has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the site. You acknowledge that X-Life Games reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that X-Life Games reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
    
    
13. Modifications
    X-Life Games reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that X-Life Games shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.
    
    
14. Termination
    You agree that X-Life Games, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site, and remove and discard any Content within the site, for any reason, including, without limitation, for lack of use or if X-Life Games believes that you have violated or acted inconsistently with the letter or spirit of the TOS. X-Life Games may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that X-Life Games may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that X-Life Games shall not be liable to you or any third-party for any termination of your access to the site.
    
    
15. Links
    The site may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that X-Life Games 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 X-Life Games 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.
    
    
16. English Language
    In order to assure that members adhere to the TOS, the language of the X-Life Games site is English. Content other than English may only be posted by X-Life Games. Content posted by users in languages other than English may be subject to removal.
    
    
17. Copyright Notice
    All content and software ("Software") (if any) that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of X-Life Games and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, X-Life Games hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
    
    
18. Trademark Notice
    X-Life Games, XLifeGames.com, and the logo X-Life Games are trademarks or registered trademarks of X-Life Games LLC, in the US and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from X-Life Games or their respective owners. All rights not expressly granted herein are reserved.
    
    
19. Submissions
    X-Life Games is pleased to hear from its customers and welcomes their comments regarding X-Life Games' services and the Site. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by X-Life Games' professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of X-Life Games. None of the Submissions shall be subject to any obligation of confidence on the part of X-Life Games, and X-Life Games shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, X-Life Games shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
    
    
20. Support
    Subject to the other provisions of the Terms of Use, X-Life Games will attempt to help you with any queries or problems that you may have with the Site or any of your purchases through the Site. To reach our customer support team, please e-mail us at support@xlifegames.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
    
    
21. General Terms and Conditions
    These Terms of Service are governed by the laws of the Commonwealth of Virginia. You hereby irrevocably consent to the exclusive jurisdiction of courts of the Commonwealth of Virginia located in the county of Fairfax in all disputes arising out of or relating to the use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and X-Life Games as a result of this agreement or use of the Site. X-Life Games reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission if X-Life Games has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of X-Life Games or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. X-Life Games' performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of X-Life Games' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by X-Life Games with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded 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. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and X-Life Games with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and X-Life Games with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.