XboxActive.com Disclaimer And Conditions For Interactive Services
XboxActive.com maintains the interactive portion(s) of their Web site as a service free of charge. By using any interactive services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.

1. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to XboxActive.com that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

2. This Web site contains one or more of the following interactive services: bulletin boards, chat areas, news groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:

• Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, 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 such rights or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise any goods or services for any commercial purpose.

• Offer to sell any goods or services for any commercial purpose.

• Conduct or forward chain letters or pyramid schemes.

• Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.

3. XboxActive.com has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, XboxActive.com reserves the right at all times to disclose any information deemed by XboxActive.com 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.

4. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. XboxActive.com does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized XboxActive.com spokespersons, and their views do not necessarily reflect those of XboxActive.com.

5. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. XboxActive.com may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. XBOXACTIVE.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

7. XBOXACTIVE.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

8. IN NO EVENT SHALL XBOXACTIVE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED 

• WITH THE USE OR PERFORMANCE OF THIS WEB SITE,

• WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,

• WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR

• FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

• RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR

• OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF XBOXACTIVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

9. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

10. XboxActive.com reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.

11. It is a condition of visiting XboxActive.com, that you may not copy, reverse engineer, or use any technologies or intellectual property designed and employed by XboxActive.com.

12. This agreement is governed by the laws of the State of New South Wales, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and XboxActive.com as a result of this agreement or use of this Web site. The performance of this agreement by XboxActive.com is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered 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.

13. This agreement constitutes the entire agreement between the user and XboxActive.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web 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. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

14. XboxActive.com can be contacted only via this email address: webmaster@xboxactive.com

15. Content of this Web site is Copyright ? XboxActive.com 2001 - 2002.