NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS IS AN AGREEMENT BETWEEN YOU AND INSPIGO, LLC (“INSPIGO”), ORGANIZED UNDER THE LAWS OF THE STATE OF NEW HAMPSHIRE IN THE UNITED STATES OF AMERICA. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT PAY FOR OR USE THE SERVICE.
You and Inspigo agree as follows:
1. Definitions. The following terms will have the following meanings in this Agreement:
(a) “Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
(b) “Service” means the Pennant Wars online game and subscription service, and any related services, including web forums, accessible at Pennantwars.com and any subdomains or related domains, together with any software and other content distributed via the Internet or other means to provide such services, including (a) all of the contents of the files or other media with which such services are provided, including but not limited to (i) Inspigo or third party computer information or software (the “Software”); (ii) data created and conveyed to You as part of the Service experience, including but not limited to fantasy baseball player, team, and league data (“Game Data,”); (iii) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (iv) related explanatory written materials or files (“Documentation”); and (v) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed and provided to you by Inspigo (collectively, “Updates”).
(c) The terms “use” or “using” mean to access, install, download, copy or otherwise use the Service in any way.
(d) The term “User-Generated Content” means content created on the Service by You or uploaded by You to the Service.
(e) “You” or “Your” means or refers to you, the user subject to this Agreement.
2. Service License. As long as you comply with the terms of this Agreement, Inspigo grants to you a personal, non-exclusive license to use the Service for non-commercial, personal entertainment purposes.
3. General Service License Limitations. You agree to the following limitations to the license granted in Paragraph 2:
(a) Individual, Non-commercial Use. You will use the Service only for non-commercial, personal entertainment purposes. All other uses are strictly prohibited and are not authorized by the license granted under Paragraph 2.
(b) Hacking, Cheating, and Service Experience. You will not engage in any activity intended to or which actually alters the Service experience for You or other users, e.g., by using cheats, hacks, automated software, or any other third-party software designed to, intended to, or which actually modifies the Service experience for You or other users. Inspigo shall determine at its sole discretion whether activity is prohibited activity under this Paragraph 3(b).
(c) Data Mining and Redistribution. You will not use any third-party software intended to or which actually intercepts Game Data. You will not redistribute, by any means, Game Data, except by authorized use of the Service.
(d) Independent Hosting Prohibited. You will not independently host, or attempt to independently host, a copy or facsimile of the Service, or undertake any steps intended to assist in such a purpose.
(e) Connecting to Third-Party Host Prohibited. You will not connect, or attempt to connect, to any server unauthorized by Inspigo to host the Service.
(f) Disruption of the Service Prohibited. You will not disrupt or assist in the disruption of (i) any Computer used to support the Service or (ii) any Computer in use by another user to connect to the Service.
(g) Account Ownership. You will not sell Your account to use the Service to any third-party. You agree that you have no property rights in any account that you create to use the Service.
(h) Further Account Limitations. You will not have more than one existing account to use the Service at any particular time. No account may have more than one user, and You will not authorize or enable any other person to use the account You create to use the Service.
(i) Collusion Prohibited. You will not engage in any collusive behavior with a second user designed to give You or the second user an unfair advantage over other users when you utilize the Service. Collusion includes but is not limited to (i) activity that a user engages in that the user would not reasonably engage in if he considered only his own individual self-interest when making game decisions, or (ii) activity which would be considered collusive if engaged in by two or more real-world, professional baseball teams. Inspigo reserves the right to determine whether particular activity amounts to collusion on a case-by-case basis.
(j) Illegal Activity Prohibited. You will not use the Service to engage in any criminal, tortious, or otherwise unlawful activity, as defined by the laws of the United States, its constituent jurisdictions, and any foreign jurisdiction.
4. Intellectual Property Rights Associated with the Service. The Service, including the underlying Software used to provide the Service, is the intellectual property of and is owned by Inspigo. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Inspigo. The Software is protected by U.S. copyright law, international treaty provisions, and applicable laws in the country in which it is being used. You will not copy the Software, Game Data, or any other content provided as part of the Service. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You will not use any trademarks or service marks of Inspigo, although this restriction will not prevent you from using the Software to generate printed output that automatically includes trademarks or service marks of Inspigo. Except as expressly stated in Paragraph 2, this Agreement does not grant you any intellectual property rights in the Software or any other material contained within or provided as a part of the Service.
5. User-Generated Content
(a) License and Release of Claims. To the extent You have any rights in User-Generated Content You have created or You may create, or that You have uploaded or may upload, You grant Inspigo a non-exclusive, perpetual license to any and all intellectual property rights associated with the User-Generated Content so that Inspigo may use the User-Generated Content in the Service, to market the Service or itself, or for any other purpose. You further agree to release Inspigo from any claims related to such use of Your User-Generated Content. The license set forth in this Paragraph 5(a) will come into existence at the time You upload to or create within the Service any User-Generated Content.
(b) Warranty and Indemnity. You warrant that You have the right to post any User-Generated Content you create within or upload to the Service, free from any claim of intellectual property infringement, usurpation of another’s right of publicity or privacy, or any other civil claim by a third party. You agree to indemnify and hold Inspigo harmless from and against any damages or costs, including but not limited to attorneys’ fees, incurred by Inspigo as a result of any claim arising from or relating to a breach of this representation and warranty.
(c) Additional Content Prohibited. Any User-Generated Content you create or upload will not contain (i) pornographic material of whatever kind; (ii) libelous, slanderous, or otherwise defamatory material; (iii) material that infringes the intellectual property rights of another; (iv) material that infringes a right of publicity or right of privacy of another; (v) any material that makes You or Inspigo subject to a civil claim; (vi) material that disparages another person based upon the person’s race, sex, nationality, or religion; (vii) material that promotes illegal activity of any kind; or (viii) any other material that Inspigo determines, at its sole discretion, is offensive or otherwise inappropriate to have on the Service.
(d) Identification and Removal of Prohibited User-Generated Content. Inspigo will determine, at its sole discretion, whether any User-Generated Content fall under the prohibitions of this Paragraph 5. Inspigo reserves the right to remove any such Content.
6. Age. You warrant that You are at least thirteen years of age. You further warrant that, if you are less than eighteen years of age, You have the permission of Your parent or guardian to use the Service.
7. Obtaining Parental Controls under 47 U.S.C. § 230(d). Be advised that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors, e.g., at https://parentalcontrols.aol.com, http://www.opendns.com/parental-controls, and elsewhere.
8. No Guarantee. Although Inspigo will make reasonable efforts to ensure maximum uptime of the Service, Inspigo cannot guarantee that the Service will not go down from time-to-time. Inspigo may take reasonable steps to compensate You for any downtime of the Service, but You agree that Inspigo has no obligation to compensate You in any way for Service downtime.
9. DISCLAIMER. INSPIGO DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE. FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, INSPIGO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSPIGO OR AN INSPIGO REPRESENTATIVE SHALL CREATE A WARRANTY.
10. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL INSPIGO BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR FOR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN INSPIGO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. INSPIGO’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR A ONE MONTH SUBSCRIPTION TO THE SERVICE, IF ANY LIABILITY EXISTS AT ALL.
11. Governing Law. This Agreement will be governed by and construed in accordance with the laws of New Hampshire. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
12. Exclusive Jurisdiction. The Court for the County of Chesire, New Hampshire, shall have exclusive jurisdiction over all disputes relating to this Agreement.
13. Terms, Termination, Payment, and Related Items. Your use of the Service will be governed at all times by this Agreement. You agree that Inspigo may update this Agreement from time-to-time and provide You notice of the updated agreement, and that the terms of the updated agreement will be legally binding upon You. In the event of Your breach, You agree that Inspigo may terminate this Agreement and/or ban You from creating further accounts to use the Service. You agree that although You may pay for more than one month of Service at any particular time, Inspigo is not under any obligation to provide the Service to You beyond any particular one month period. In the event you violate this Agreement and Inspigo terminates this Agreement and/or bans You from using the Service as a result, you agree that you will not receive a refund for any payment you made to use the Service prior to the termination and/or ban.
14. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This is the entire agreement between Inspigo and You relating to the licensing, sale or purchase of the Service and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.