These Terms and Conditions govern your access to and use of services provided by XBLGamerhub.com. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”), are conditioned on your acceptance of and compliance with these Terms and Conditions. By accessing or using the Services you agree to be bound by the Terms and Conditions.
TERMS AND CONDITIONS OF USE
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms and Conditions.
You may use the Services only if you can form a binding contract with XBLGamerhub.com and are not a person banned from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting the Terms and Conditions and using the Services on behalf of a company, organisation, government or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and Conditions and all applicable local, state, national and international laws, rules and regulations.
The Services may include advertisements which may be targeted to the Content or information on the Services, queries made through the Services or other information. The types and extent of advertising by XBLGamerhub.com are subject to change. You accept that XBLGamerhub.com and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Your License to Use the Services
XBLGamerhub.com gives you a personal, worldwide, royalty-free and non-exclusive license to use the software that is provided to you by XBLGamerhub.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by XBLGamerhub.com, in the manner permitted by these Terms and Conditions.
XBLGamerhub.com reserves the right to:
Change or remove (temporarily or permanently) the website or any part of it without notice. You confirm that XBLGamerhub.com shall not be liable to you for any such change or removal.
Change these Terms and Conditions at any time, and your continued use of the site following such changes shall be deemed as acceptance of such change.
Any Content submitted by users of the site and not those employed at XBLGamerhub.com, whether it is publicly or privately transmitted, is the sole responsibility of the person who submitted the Content. We may not monitor or control all Content posted and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted through the Service or obtained by you is at your own risk.
We do not endorse, support, represent or guarantee the validity and accuracy of the Content submitted by the users of the site or support any opinions expressed through the Services. You understand that by using the Services, you may be exposed to Content that might be inaccurate or conflict your own personal opinion, or in some cases, postings that have been mislabelled or are otherwise deceptive. We monitor the Service to ensure that such Content is remedied, taken down or banned from the site. XBLGamerhub.com cannot guarantee that all Content of such nature will be controlled or monitored, and will not be liable for any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service by other users.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will have no obligation) to remove or refuse to distribute Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to:
Satisfy any applicable law, regulation, legal process or governmental request
Enforce the Terms and Conditions, including investigation of potential violations
Detect, prevent or address fraud, security or technical issues
Respond to user support requests
Protect the rights, property or safety of XBLGamerhub.com, its users and the public
You may not do any of the following while accessing or using the Services:
Access, tamper or use non-public areas of XBLGamerhub.com’s computer systems or technical delivery systems of XBLGamerhub.com’s providers
Test the vulnerability of any system or network
Access or search, or attempt to access or search the Services by any means other than the interfaces that are made available
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information
Interfere with or disrupt the access of any user, host or network, including sending a virus, overloading, spamming or mail-bombing the Services, or by scripting the creation of Content in such as manner as to interfere with or create unwarranted burden on the Services.
You are responsible for ensuring that the password you use to access the Services and for any additional activities or actions is kept safeguarded from hackers or other external parties from accessing your account. We encourage you to use strong passwords with your account. XBLGamerhub.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Links to Third Party Sites
XBLGamerhub.com may include links to third party websites that are controlled and maintained by others. Any link to other sites is not an endorsement of such websites. You acknowledge and agree that we are not responsible for the Content or availability of such sites.
Content shared on third party websites that are associated with or to XBLGamerhub.com will be shared among other users. You grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit and display such Content in any and all media distribution methods. You agree that this license includes the right for XBLGamerhub.com to provide, promote and improve the Services and to make the Content submitted to or through the Services available to other companies, organisations or individuals who partner with us.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Reviews, Comments, Communications and Other Content
Users may post reviews, comments and other Content and submit suggestions, ideas, comments, questions or other information, as long as the Content is not illegal, obscene, abusive, threatening, invasive or infringing intellectual property rights. This Content should not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters or any form of “spam”. We reserve the right to remove or edit such Content.
You understand that XBLGamerhub.com is granted a non-exclusive and royalty-free access to any Content submitted or posted and transfer the rights to use, reproduce, modify, adapt, publish, distribute and display such Content throughout the world in any media. You agree that these rights are irrevocable during the entire period of protection of your intellectual property rights associated with such Content.
You represent and warrant that you own or otherwise control all of the rights to the Content that you post, that as at the date that the Content is posted:
The Content and is accurate
The use of the Content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity
You agree to indemnify XBLGamerhub.com for all claims brought by a third party against XBLGamerhub.com arising out of or in connection with the Content you supply except to the extent that any liability arises from the failure to properly remove the Content when it is notified as being illegal in nature either arising out of or originating from the Content that you have submitted.
All copyright, trademarks and all other intellectual property rights of XBLGamerhub.com and its Contents, including but without limitation to the site design, logo, text, graphics and all software and source codes connected with the site, are owned by or licensed to XBLGamerhub.com or otherwise used by XBLGamerhub.com as permitted by law. All copyright material is subject to our Copyright Policy.
XBLGamerhub.com respects the intellectual property of others and expects the users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. You may not extract and/or re-utilise parts of the Content without written consent from XBLGamerhub.com or the copyright holder. You may not create and/or publish your own database that features substantial parts of the Services offered by XBLGamerhub.com without written consent.
In accessing the site you agree that you will access the Content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stores, sold or distributed without prior written consent of the copyright holder. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, XBLGamerhub.com will also terminate the user’s account if the user is determined to be a repeat infringer.
Ending These Terms and Conditions
The Terms will continue to apply until terminated by either you of XBLGamerhub.com as follows:
You may end your legal agreement with XBLGamerhub.com at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform XBLGamerhub.com when you stop using the Services. If you stop using the Services without deactivating your account(s), they may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, including but not limited to:
You have violated the Terms and Conditions
You create risk or possible legal exposure for XBLGamerhub.com
The provision of the Services to you is no longer commercially viable
We will make reasonable efforts to notify you by the email address associated with your account, or through a private message from support to your profile, or the next time you attempt to access your account.
Nothing in this section shall affect XBLGamerhub.com’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 2.
Disclaimers and Limitations of Liability
This section is very important and is subject to the Liability Disclaimer of XBLGamerhub.com. It limits the liability of XBLGamerhub.com and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the XBLGamerhub.com Entities). Please read the Liability Disclaimer carefully and the following subsections of this section. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at you own risk. You understand and agree that the Services are provided to you on an “As-IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE XBLGAMERHUB.COM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
The XBLGamerhub.com Entities make no warranty and disclaim all responsibility and liability for:
The completeness, availability, timeliness or reliability of the Services or any Content
Any harm to your computer system, loss of data or other harm that results from your access to or use the Services or any Content
The deletion of, or the failure to store or to transmit and Content and other communications maintained by the Services
Whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis
No advice or information, whether oral or written, obtained from the XBLGamerhub.com Entities or through the Services, will create any warranty not expressly made in these Terms and Conditions. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of XBLGamerhub.com for death or personal injury as a result of the negligence of XBLGamerhub.com Entities.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE XBLGAMERHUB.COM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
ANY CONTENT OBTAINED FROM THE SERVICES
ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT WERE NOT FORESEEABLE TO BOTH YOU AND XBLGAMERHUB.COM ENTITIES WHEN YOU USED THE SERVICES
UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, ACCOUNT OR CONTENT
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT THE XBLGAMERHUB.COM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of XBLGamerhub.com to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. We will still be within our right to enforce these Terms and Conditions, should another situation arise where you are found in breach.
In the event that any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions and any action related thereto will be governed by the laws of the UK and you hereby submit to the exclusive jurisdiction of the UK courts. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located within the UK and you consent to the jurisdiction of and venue of such courts and waive any objection as to inconvenient forum.
We may revise these Terms and Conditions from time to time, the most current version will always be at [insert link destination]. If the revision, in our sole discretion, is material we will update you via our Twitter page @XBLGAMERHUB or email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms and Conditions.
Community Usage General Rules
You are responsible for the content that you post to the site, xblgamerhub.com and the social media pages that are associated with XBL Gamerhub.
You should only post content that you are comfortable to share with others
Any content that is submitted that may be offensive or abusive in nature will be taken down from the site or social media pages without your consent. You will also be warned not to post such content in the future.
You cannot use anything that is linked to XBL Gamerhub i.e. the logo, text, graphics and all software and source codes connected with the site, unless you are a partner, affiliate or sponsor of XBL Gamerhub.
Any content that is accessed, either from the site or social media pages which was produced by XBL Gamerhub cannot be downloaded, copied, reproduced, transmitted, stored, sold or distributed without consent. Content can be removed by the discretion of the Community Manager if it is found to be infringing these rights.
Community Usage Rules – Site
You may post reviews, comments, submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, abusive, threatening, invasive or infringing intellectual property rights.
You will not be abusive or obscene to other community members in your responses to blogs or on forum posts.
Penalties for rule breaking
Failure to follow the rules outlined above will result in the following:
First offence – verbal warning
Second offence – Two week ban
Third offence – Month ban
Fourth offence – Lifetime ban
The decisions made are at the discretion of the Community Manager and Moderators. In extreme circumstances, your account can be deactivated without prior notice or with any liability to XBLG. We have to protect the community from any bullying or offensive behaviours made toward them. You may, at any time, explain to the moderators of the site and the Community Manager as to why you do not deserve the warnings or the bans. In which case, we will investigate the incidents and contact the necessary members.
By entering any of the XBLGamerhub.com competitions, contests or promotions (hereafter referred to as the “Competition”, you (the “Entrant”) agree to be bound by the terms and conditions detailed below.
DESCRIPTION: The promoter of the competition (the “Promoter”), Competition prize, number of prizes available, and number of potential winners will be as specified in tweets from XBLGamerhub.com and/or the relevant XBLGamerhub.com webpage. Neither XBLGamerhub.com nor any associated Promoter shall bear any responsibility for errors or omissions in the description ofa Competition prize, whether as a result of the original tweet being forwarded (a re-tweet) or otherwise. Prizes are subject to availability and the Promoter reserves the right to substitute and/or withdraw the prize, without notice, at theirdiscretion. Certain prizes may be subject to age restrictions.
ELIGIBILITY AND SELECTION:
The Competition is open to all residents of the UK and Northern Ireland who have successfully completed the conditions of entry specified in the XBLGamerhub.com Competition tweet or XBLGamerhub.com Competition webpage. In the event that there are more eligible entrants than prizes, XBLGamerhub.com reserves the right to allocate prizes by random selection or undisclosed arbitrary criteria. No contributor to XBLGamerhub.com, the Promoter, or any of their group companies is eligible to enter the Competition. A maximum of one (1) prize will be allocated per household. Winners will be asked to provide their contact name and address before the prizecan be sent. Neither XBLGamerhub.com nor any associated Promoter shall bear
any responsibility for any prizes that are lost or damaged in transit. The Prize Winner may be disqualified from participating in the Competition if any of the Competition Terms and Conditions are breached, or if any of the statements made by an Entrant (including the Entrant’s age, identity or country of residence) are not correct. The decision of XBLGamerhub.com regarding each of the winners is final. No correspondence will be entered into. Neither XBLGamerhub.com nor any associated Promoter is responsible for any entries that are lost or delayed in transmission, whether by email or otherwise. Neither XBLGamerhub.com any associated Promoter is responsible for any damage or loss resulting from misdirected or incomplete entries that arise from computable functions, virus, bugs or other causes outside their control.
By entering the Competition, the Entrant agrees that both XBLGamerhub.com and the Promoter have the right, at no cost to either XBLGamerhub.com or the Promoter, to use the Entrant’s name, biographical information (such as age, occupation, and town of residence), and other information relating to the Competition, for prize fulfilment, advertising, publicity and marketing purposes. The Entrant must not: Sell or offer the prize, in part or in full, for sale. Use the prize, in part or in full, in connection with any further competition, contest, sweepstake or promotion. Make any public statements, or release any other information relating to the Competition prize to the media without both XBLGamerhub.com and any associated Promoter’s prior written approval.
By entering this Competition, to the maximum extent permitted by law, the Entrant waives all rights. The Entrant also discharges XBLGamerhub.com, any associated Promoter, any parties connected to XBLGamerhub.com or any associated Promoter, and any persons or entities acting on such parties’ behalf, from all liabilities in connection with the Entrant’s voluntary participation in the Competition. XBLGamerhub.com and the Promoter reserve the right to cancel or amend the terms and conditions of this Competition at any time without prior notice. Any changes will be posted within the terms and conditions on the XBLGamerhub.com website.
GOVERNING LAW & JURISDICTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or rights and obligations of contestants in connection to the
Competition, shall be governed by and construed in accordance with the laws of Scotland, Ireland, England and Wales.