TERMS OF SERVICE
Welcome to the International Gamer's Alliance Website. Following are the
Terms of Service that govern your use of the Website. We ask that you
check with your parents or guardians before you agree to the Terms of
Service, and get them to explain anything in this document that you
might not understand.
I. ACCEPTANCE OF TERMS
International Gamer's Alliance (www.igahome.org) provides the following
service to you, subject to these Terms of Service ("Terms of Service"),
which may be updated periodically without notice. You can review the current version of the Terms of Service at: http://www.igahome.org/terms.shtml. Failure to comply with these Terms of Service may result in account
revocation.
II. DESCRIPTION OF SERVICE
International Gamer's Alliance is a web-based service that allows its
users to chat with other members interested in gaming (herein referred
to as "the Service"). The Service may be used through a web browser.
Once registered with International Gamer's Alliance, each user receives
the ability to post text, data, messages, or information concerning or
linked to software, music, sound, photography, graphics, and video ("the
Content"). This Content will reside on International Gamer's Alliance's
server(s).
III. ACCOUNT STRUCTURE
International Gamer's Alliance accounts are available for free to all
valid registrants.
IV. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a
International Gamer's Alliance account. During registration, all users
are required to provide accurate, complete and current information about
themselves in all required fields. Should any of your own information
change after submitting it to International Gamer's Alliance, you are
hereby required to update that information as soon as possible. Should
International Gamer's Alliance suspect that your personal information is
not complete, current, or accurate, your account may be subject to
suspension or termination.
V. International Gamer's Alliance PRIVACY POLICY
Your use of the Service is subject to International Gamer's Alliance's
privacy policy. For information on International Gamer's Alliance's
privacy practices, please see the entire privacy policy at http://www.igahome.org/privacy.shtml.
VI. INDEMNITY
You agree to indemnify and hold International Gamer's Alliance, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any alleged claim or demand,
including reasonable attorney 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 Terms of Service, or your violation
of any rights of another, whether you are a registered user or not. The
user is solely responsible for his or her actions when using the
Service, including, but not limited to, costs incurred for Internet
access.
VII. 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.
VIII. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that International Gamer's Alliance may establish limits
concerning use of the Service and may modify these limits at any time.
IX. MODIFICATIONS TO SERVICE
International Gamer's Alliance reserves the right to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice at any time. You agree that
International Gamer's Alliance shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the
Service.
X. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service.
XI. TERMINATION
You agree that International Gamer's Alliance, in its sole discretion,
may terminate your password, homepage, or account, and remove and
discard any content within the Service, for any reason, including and
without limitation, the lack of use, or if International Gamer's
Alliance believes that you have violated or acted inconsistently with
the letter or spirit of the Terms of Service. Any contracts, verbal or
written or assumed, in conjunction with your deleted homepage and all
its parts, at International Gamer's Alliance's discretion, will be
terminated as well. International Gamer's Alliance 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 Terms of Service
may be effected without prior notice, and acknowledge and agree that
International Gamer's Alliance may immediately deactivate or delete your
International Gamer's Alliance homepage and all related information and
files. International Gamer's Alliance reserves the right to bar any
further access to such files or the Service. You agree that
International Gamer's Alliance shall not be liable to you or any
third-party for any termination of your access to the Service.
XII. ADVERTISEMENTS AND PROMOTIONS
International Gamer's Alliance reserves the right to run advertisements
and promotions on the International Gamer's Alliance service. By using
International Gamer's Alliance, you agree that International Gamer's
Alliance has the right to run such advertisements and promotions with or
without prior notice, and without recompense to you or any other user.
The manner, mode and extent of advertising by International Gamer's
Alliance on your homepage are subject to change. You agree that
International Gamer's Alliance 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.
XIII. LINKS
The Service, or relevant third parties, may provide links to other web
sites or resources. Because International Gamer's Alliance has no
control over such sites and resources, you acknowledge and agree that
International Gamer's Alliance 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 International Gamer's Alliance 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.
IXV. HOMEPAGE CONTENT
Guidelines for posting to your online homepage shall be as follows:
1. All Content posted to International Gamer's Alliance in any way, is
the responsibility and property of the author. All content must
be appropriate for viewing by users under the age of 18. This includes,
but is not limited to depictions of sex crimes (explicit sexual acts),
frontal nudity that qualifies as a provocative display of nudity, crude
and vulgar language / explicit sexual references, hate speech, epithets
that advocate violence or harm against a person or group, profane
graphic descriptions of intimate details of sexual acts designed to
arouse, inviting interactive sexual participation, glorifying drug use,
glorifying smoking, gambling content, violence content, weapons content,
terrorist content, and intolerance of another race, sex, or other group.
International Gamer's Alliance has no obligation to monitor Content.
However, we reserve the right to review Content, and to remove any
Content at our sole discretion without notice. Should content be deemed
illegal by such law having jurisdiction over the user, International
Gamer's Alliance is committed to submitting all necessary information to
the proper authorities;
2. Should any Content be reported to International Gamer's Alliance as
being offensive or inappropriate, International Gamer's Alliance might
call upon the poster to retract or modify the Content in question within
a reasonable amount of time, as set forth by the International Gamer's
Alliance staff. Should the poster fail to meet such a request from
International Gamer's Alliance staff, International Gamer's Alliance has
the full authority to terminate any such reported and verified account
holding such inappropriate content. International Gamer's Alliance,
however, is under no obligation to restrict or monitor homepage Content
in any way;
3. International Gamer's Alliance claims no ownership or control over
any Content posted by its users. The author retains all patent,
trademark, and copyright to all Content posted within available fields,
and is responsible for protecting those rights, but is not entitled to
the help of the International Gamer's Alliance staff in protecting such
Content. The user posting any Content represents that the poster has all
rights necessary to post such Content (and for International Gamer's
Alliance to serve such Content) without violation of any intellectual
property or other rights or any laws or regulations;
4. International Gamer's Alliance reserves the right, without limitation
except by law, to serve any user Content on the web, through the
downloadable clients and otherwise.
5. You acknowledge that International Gamer's Alliance does not
pre-screen Content, but that International Gamer's Alliance and its
designates shall have the right (but not the obligation) on their sole
discretion to refuse or remove any Content that is available through the
Service. Without limiting the foregoing, International Gamer's Alliance
and its designates shall have the right, but not the obligation, to
remove any content that violates the Terms of Service or is otherwise
objectionable, or that infringes or is alleged to infringe intellectual
property rights. 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. Furthermore,
International Gamer's Alliance reserves the right to limit access to
your homepage, if found in violation of the Terms of Service, by
removing the homepage and related user information.
XV. International Gamer's Alliance PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software
used in connection with the Service (referred to as "Software"), may
contain proprietary and confidential information that is protected by
applicable laws governing intellectual property, proprietary rights and
the like. All International Gamer's Alliance code and specifications,
and all other code and specifications for the Software and the operation
of the Service, are subject to their express or implied licenses.
Submission of Unsolicited Ideas and Information
International Gamer's Alliance does not want to receive confidential or
proprietary information from you through this Site or by email. Unless
otherwise agreed in writing by an authorized International Gamer's
Alliance representative, any material, information or idea you transmit
to International Gamer's Alliance by any means may be disseminated or
used by International Gamer's Alliance or its affiliates without
compensation or liability to you for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products.
However, this provision does not apply to Content (as defined herein),
or to personal information that is subject to our privacy policy.
Trademarks
A partial list of trademarks owned by International Gamer's Alliance
follows. Any questions concerning the use of these trademarks or whether
a trademark that does not appear on this list is a trademark of
International Gamer's Alliance should be referred to International
Gamer's Alliance Legal at webmasters@International Gamer's Alliance.
Failure of a mark to appear on this page does not mean that
International Gamer's Alliance does not use the mark nor does it mean
that the product is not actively marketed or is not significant within
its relevant market. Any trademarks followed by ® are registered
trademarks of International Gamer's Alliance; all others are trademarks
or common law marks of International Gamer's Alliance.
XVI. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials, whether
publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. International Gamer's
Alliance does not control Content posted via the Service and, as such,
does not guarantee the validity of such Content. You also understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Should Content be found or
reported to be in violation with, but not limited to, the following
terms, it will be www.igahome.org's sole discretion as to what action
should be taken.
You agree to NOT use the Service to:
0. Upload, post or otherwise transmit any content that is in
www.igahome.org's opinion to be unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to
another's privacy (up to, but not excluding any address, email, phone
number, or any other contact information), hateful, or racially,
ethnically or otherwise objectionable;
1. Harm minors in any way, as seen by International Gamer's Alliance or
applicable law;
2. Impersonate any person or entity, including, but not limited to, a
International Gamer's Alliance staff member or volunteer, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
3. Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
4. Upload, post or otherwise transmit any content that you do not have a
right to transmit 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);
5. Upload, post or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
6. 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;
7. Upload, post or otherwise transmit 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;
8. Interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
9. Intentionally or unintentionally violate any applicable local, state,
national or international law;
10. "Stalk" or otherwise harass another person or company;
11. Collect or store personal data about other users for business
purposes;
12. 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 or incendiary devices;
13. Use International Gamer's Alliance as a forwarding service to
another website;
14. Allow usage by others in such a way as to violate www.igahome.org's
Terms of Service;
15. Engage in commercial activities within International Gamer's
Alliance or on behalf of International Gamer's Alliance without prior
approval. This includes, but is not limited to, the following
activities:
a. Displaying a banner that is designed to profit you or any other
business or organization; and
b. Displaying banners for services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their web sites.
16. If any user is reported to be in violation with the letter or spirit
of these terms, International Gamer's Alliance retains the right to
terminate such account at any time without further warning.
XVII. 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. International Gamer's
Alliance 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) International Gamer's Alliance 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 THE SERVICE 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 OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM International Gamer's Alliance OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Service.
XVIII. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT International Gamer's Alliance
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 LIVEJOURNAL.COM HAS 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.
IXX. GENERAL INFORMATION
The Terms of Service constitutes the entire agreement between you and
International Gamer's Alliance and governs your use of the Service,
superseding any prior agreements between you and International Gamer's
Alliance (including, but not limited to, any prior versions of the Terms
of Service) and any prior representations by International Gamer's
Alliance. The laws of the State of New South Wales, Australia, shall
govern the Terms of Service and the relationship between you and
International Gamer's Alliance. without regard to its conflict of law
provisions. You and International Gamer's Alliance agree to submit to
the personal and exclusive jurisdiction of the courts located within the
State of New South Wales, Australia. The failure of International
Gamer's Alliance to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service 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 Terms of
Service 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 Terms of Service must be
filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the Terms of Service are for
convenience only and have no legal or contractual effect.
XX. VIOLATIONS
Report violations of these Terms of Service to webmasters@International
Gamer's Alliance. We can not be held responsible for any such
occurrences, or for the content of any member's page that does/does not
abide by these terms and/or is exempt. The USER is responsible for ALL
content on his/her page.
XXI. REVISIONS
International Gamer's Alliance may at any time revise these Terms of
Service by updating this posting. By using this Site, you agree to be
bound by any such revisions and should therefore periodically visit this
page to determine the then-current Terms of Service to which you are
bound.
XXII. PROHIBITED ACTIONS
When using International Gamer's Alliance's free hosting service you are
prohibited from uploading the following file types: Any viruses, or
programs which are not known to be virus-free; PHP scripts; any scripts
intended to bypass the storage limits imposed upon International Gamer's
Alliance members including efileman, of which this service runs on; any
web-based email; any file management scripts; any download management
scripts; forums; any script that allows write-access to the server;
download managers; any scripts that could potentially damage the
International Gamer's Alliance system/the International Gamer's Alliance
server; any other script or file that the International Gamer's Alliance
staff decides is not allowable. In the event that a prohibited file is
detected the offending member will be given two days notice to remove
the content if they provided an email on registration, if one of these
conditions is not met the user's account will be deleted with no further
notice to the user. International Gamer's Alliance may then demand a fee
to cover damages caused.
XXIII. LOSS OF DATA/WORK
International Gamer's Alliance is not responsible for any data/work lost
due to the service, or any related service. The user assumes all
responsibility for all causes of data-loss including, but not limited
to: server outages, power failures (either server-side, or client-side),
storage corruption, file/folder deletion, account deletion, errors
caused by the electronic file manager/editor, and inaccessibility to
files. Similarly we can not be held responsible for inaccessibility to
any file hosted on our servers. Note that in the event that your account
is terminated you may be given no warning and all files will be lost.
IXXV. PUBLIC ACCESSIBILITY OF CONTENT
International Gamer's Alliance is a website hosting company, so any
information posted to our servers shall become public. While it is fully
possible to remove content from the server through the online interface,
once content is published it is nearly impossible to control access to
it. International Gamer's Alliance is in no way responsible for what
happens to any content posted. This includes the discovery of such
content through services run by International Gamer's Alliance such as
search engines or random link scripts. If you wish your content to be
undiscoverable through all search engines please add a robots.txt file.
If you wish information to be excluded from our random link script
please include a blank file named index.control. Each month
International Gamer's Alliance also selects a website that they feel has
a good design and good content. This site will be linked to on our
toolbar and our homepage. If you wish to be excluded from this contest,
please contact International Gamer's Alliance.
XXV. CONTESTS
International Gamer's Alliance, from time to time, will create contests
as a way to encourage activity and member recommendations. International
Gamer's Alliance is in no way responsible for the outcome of such
contests. For each contest a panel of qualified (as deemed by
International Gamer's Alliance) judges will be appointed. International
Gamer's Alliance reserves the right to overthrow the judges decision if
for any reason they feel it necessary. All decisions are final. As a way
of insuring fairness, no immediate family members or friends of the
judges may compete. Be sure to check the individual contest rules for
more restrictions.
XXVI. PROMOTIONS AND PRICING
International Gamer's Alliance reserves to run limited time or permanent
promotions that include special pricing deals. International Gamer's
Alliance is under no obligation to provide these discounts or any other
features of a promotion to existing customers, or customers signing up
after the deadline, however, the billing department may make changes to
individual accounts. International Gamer's Alliance also reserves to
change account pricing at will.
XXVII. ACCURACY OF CONTENT
International Gamer's Alliance makes every attempt to verify the
accuracy of all content it provides, however, it is inevitable that some
content may have errors. If this is the case International Gamer's
Alliance will provide a retraction to the statement as soon as possible.
International Gamer's Alliance is under no obligation to cooperate with
these inaccurate details.
IIXXX. AVAILABILITY
International Gamer's Alliance tries to keep the highest uptime
possible, but unexpected and planned outages are always a factor and the
International Gamer's Alliance service may go down from time to time.
International Gamer's Alliance is not responsible for any problems
caused by this service outage.
IXXX. PROBLEMS
International Gamer's Alliance always makes attempts to assure its
service functions correctly, but some errors may occur. If this is the
case contact the International Gamer's Alliance service department at
support@igahome.org. Customers always come first at International
Gamer's Alliance, if you have any questions or comments, feel free to
contact us using the same contact information.
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