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Our Services and Third Party Services:
1. ACCEPTANCE OF TERMS
Welcome to FoxWar. This provides the FoxWars services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without any notice to you. You can review the most current version of the TOS at any time here.
Please note that other third party services, outside of FoxWar.Com, are governed by a different Terms of Services, which they will be forced as much of our ability governs.
2. DESCRIPTION OF SERVICE
A. FoxWar.Com is a online game which users of the "Service" to gain power on their online accounts. These accounts then may have a chance to win a prize at the end of the round. To win, each league is governed by its own rules.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
B. Our other services include but not limited to other online games which we run and help update. This TOS also stands for this to.
3. YOUR OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being from a third party “Sign In") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. OUR PRIVACY POLICY
Pursuant to our privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.
5. MEMBER CONDUCT
You understand that all information, data, text, 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 US, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. We do not control the Content posted via the Service 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.
You agree to not use the Service to:
(a) Upload, post or otherwise transmit 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;
(b) Harm minors or other members in any way;
(c) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(e) Collect or store personal data about other users and or members;
(f) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(g) Attempt to hack, gain unauthorized access, mail bomb, nuke, send viruses, damage or hinder any service provided by FoxWar.Com or any part of the FoxWar.Com family.
6. 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.
7. INDEMNITY
You agree to indemnify and hold We, and its subsidiaries, affiliates, officers, agents, co-branders 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 your Content, your use of the Service, your connection to the Service, your violation of the TOS, your use of the Software or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, crack, remove or add, take code, resell or exploit any portion of the Service, use of the Service, or access to the Service. If you should do any thing of that nature you may be held, detained, and or local agencies will be notified, and content you've used for our site, any information gathered from other Service or other Third party site WILL be undisclosed to whoever we govern.
9. GENERAL PRACTICES REGARDING USE
You acknowledge that FoxWar.Com may establish general practices and limits concerning use of the Service or Software.
10. MODIFICATIONS TO SERVICE
We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Refunds, may or may not be given. Depending on the nature of the Service, or the cost of said Service. We do not need to give out the said refund.
11. TERMINATION
You agree that We, in its sole discretion, may terminate your password to any accounts on other third party systems or anything from FoxWar.Com, use of the Service or use of any other service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if We believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your third party account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that We shall not be liable to you or any third-party for any termination of your account to the Service or to any other Service.
12. ADVERTISEMENTS AND PROMOTIONS
FoxWar.Com runs advertisements and promotions on FoxWar.Com or related Service sites. By using the Service, you agree that FoxWar.Com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by FoxWar.Com. FoxWar.Com Service is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FoxWar.Com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FoxWar.Com has no control over such sites and resources, you acknowledge and agree that FoxWar.Com 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 WE 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.
14. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by We or the advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part unless otherwise stated by FoxWar.Com. We grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by We for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS,(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THESERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) SHOULD ANYTHING OF YOUR ACCOUNT(S) BE ACCESSED OR CHANGE OR REMOVED FROM THIRD PARTY SYSTEMS IN ANYWAY SHAPE OR FORM WE ARE NOT AT FAULT.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 15 MAY NOT APPLY TO YOU. THEREFORE, IF AS A RESULT OF ANY ACTION, USE OF OR EVENT WOULD CAUSE US TO BE LIABLE IN ANY WAY YOU MAY NOT USE THE SERVICE AND OR PROGRAM OR SOFTWARE. IF YOU ARE FOUND USING IT WHEN 16 AND 15 DO NOT APPLY TO YOU, YOUR ACCOUNT WILL BE TERMINATED! AND ANY USE OF THIS SERVICE SHOULD NOT BE USED!
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. FoxWar.Com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Though FoxWar.Com is not needed to make such notices unless we, FoxWar.Com, feel it is needed.
20. COPYRIGHTS
FoxGear respects the intellectual property rights of others and we ask our users to do the same. Should you edit, copy, steal, take information from FoxWar.Com we may hold you liable for lose of revenue, and copyright infringement.
21. LOGGING OF INFORMATION AND SERVICE USE
We or the Service or Program or Software related to any Service provided by FoxWar.Com may produce log files which store information on you. These logs will only contain information gathered from your use of the system. Personal information not related to FoxWar.Com Service will not be logged or given to other third party sites. Passwords or E-mails used upon this Service may or may not be logged as well as your IP. This information will only be used should you fail or violate the TOS.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and FoxWar.Com and govern your use of the Service, superseding any prior agreements between you and FoxWar.Com (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The TOS and the relationship between you and FoxWar.Com shall be governed by the laws of the United States of America regard to its conflict of law provisions. You and FoxWar.Com agree to submit to the personal and exclusive jurisdiction of the courts located within the United States of America. The failure of FoxWar.Com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three(3)months after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of these terms using our customer support form.
24. OTHER
OTHER THIRD PARTY OR PERSONAL INFORMATION EXCHANGED WHEN OR AS A RESULT OF USING THE SERVICE(S) OR RELATED PROGRAM(S) OR SOFTWARE AT ANY TIME YOU ARE RUNNING IS AT YOUR OWN RISK. IF YOU DO NOT ACCEPT THESE TERMS PLEASE CLOSE OUT THE PROGRAM, WEBSITE, SOFTWARE OR THIS SERVICE AND UNINSTALL AND REMOVE ALL TRACE OF THE SERVICE FROM ALL OF YOUR COMPUTER SYSTEMS.
FoxWar Anti-Spam Policy
FoxWar prohibits its members from using spam and other forms of Internet abuse to gain character power.
Spam is defined as including, but not limited to, the following:
- E-mail addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of the reciever.
- Messages posted on message boards that are off-topic or posted in excessive volume.
- Posting links in chat rooms or sending to groups or individuals via IRC or other Instant Messaging system (such as AIM)
- Some not considered internet spam, are similar in nature, including flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
What happens if you Spam:
- Account Termination: FoxWar may immediately terminate the membership of the individual implicated in the abuse.
- Account Suspension: Suspension is intended to prevent the abuser from benefiting from their abusive activities by prohibiting the offender from playing FoxWar.
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