Terms of Use
I. General
A. Boxcheats.com and our website, http://www.Boxcheats.com (collectively “Boxcheats.com”), has published these Terms of Use (“Terms”) as part of our overall effort to provide high quality, reliable service to our Users, both Registered and Unregistered (collectively “Users”). We strive to protect your privacy and security of our systems and networks. We also encourage responsible use of Boxcheats.com's and other ISPs' resources and make sure that we and you comply with applicable laws.
B. These Terms describe the types of uses of Boxcheats.com’s website. It also describes prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, Boxcheats.com may, in its sole discretion, determine whether a particular use of Boxcheats.com‘s website is a violation of these Terms. While it is not Boxcheats.com's intent to monitor, control, or censor communications on Boxcheats.com’s website, when we become aware of a violation of these Terms, we may take such action as we deem appropriate to address the violation, as referenced below.
C. User understands and acknowledges that Boxcheats.com is not responsible for any information posted by other Users. All problems related thereto shall be the full responsibility of the User who relies upon the information provided. User agrees not to pursue any claims against Boxcheats.com and to hold Boxcheats.com completely harmless from any action or damages arising from User’s reliance upon such information provided.
D. All advertisers on the Boxcheats.com website are fully responsible for their own listings. Boxcheats.com is not responsible for the accuracy of information, photos, location, amenities, rates or availability of any services or products listed.
G. All company references, game photographs, screen snapshots or product names are copyrights, trademarks or registered trademarks of the respective companies with which they are associated and Boxcheats.com displays them for reference purposes only, without intention to infringe on any copyright, trademark or registered trademark.
II. Revisions to this Policy
From time to time, we will make changes to these Terms. We reserve the right to modify these Terms at any time and to inform you of changes we make to our website, services or other matters of which you should be made aware. If we make any changes to these Terms, you will be notified on this page of our website. We may also email you or provide a notice on Boxcheats.com’s Home Page, although such email or notice is not required. Regardless of notification type, we urge you to check this page frequently for updates, since your continuing use of Boxcheats.com’s website is your continuing acceptance of our Terms and any modifications thereto.
III. Prohibited Uses
A. Use of Boxcheats.com’s website as described below is prohibited under these Terms. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – Boxcheats.com’s website may not be used in connection with criminal or civil violations of local, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information and threats of physical harm or harassment.
2. Security Violations – Boxcheats.com’s website may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring or using systems without authorization; scanning ports; conducting denial of service attacks and distributing viruses or other harmful software.
You are responsible for maintaining the basic security of your computer system, to prevent its use by others in a manner that violates these Terms. Examples include improperly securing a mail server so that it may be used by others to distribute spam and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – Boxcheats.com’s website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel and/or defamation.
4. Offensive Materials – Boxcheats.com’s website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent and/or hateful materials.
5. Spam - Spam is an unacceptable use of Boxcheats.com’s website. Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five online mini-forums. Posting messages to online mini-forums that violate the rules of the mini-forums.
b. Collecting the responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in Boxcheats.com's reasonable discretion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures, or any chain mail related materials.
e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.
g. Using Boxcheats.com facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP’s) acceptable use policy and/or terms of service.
6. Indirect Access - A violation of these Terms by someone having only indirect access to Boxcheats.com’s website through a User will be considered a violation by the User, whether or not with the knowledge or consent of the other User.
In addition, this policy applies to any email or content transmitted by you or on your behalf which uses a Boxcheats.com account as a mailbox for responses or promotes content, hosted or transmitted, using Boxcheats.com facilities, or which indicates in any way that Boxcheats.com was involved in the transmission of such email or content.
B. The resale of Boxcheats.com services is not permitted, unless expressly permitted in a written agreement with Boxcheats.com.
C. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Boxcheats.com, in its sole discretion and without recourse from User.
D. When feasible, it is Boxcheats.com's preference to give notice so that violations may be addressed voluntarily, however, Boxcheats.com reserves the right to act without notice when necessary, as determined by Boxcheats.com, in its sole discretion. Boxcheats.com may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms by User.
IV. Copyright
A. All services, design, software, and arrangement/selection of text content displayed on, transmitted through or used in connection with Boxcheats.com, with the exception of User Content as defined below, including for example, news articles, reviews, directories, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the selection and arrangement of the text content, is owned by Boxcheats.com and/or its affiliated companies, licensors and/or suppliers. EXCEPTION: Any ‘cheat’ codes that may be owned and or copyrighted by third-parties that are posted or submitted by Users remain the property of said third-parties, to the extent that they are unmodified or in their original form.
B. You may use the Content online only and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
C. If you operate a website and wish to link to Boxcheats.com, you may do so provided you agree to cease such link upon request from Boxcheats.com. No other use is permitted without prior written permission of Boxcheats.com. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms.
D. You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Boxcheats.com, not to insert any code or product or manipulate the content of Boxcheats.com in any way that affects the User's experience, and further, not to use any data mining, data gathering or extraction method.
E. Requests to use Content for any purpose other than as permitted in these Terms should be directed to Boxcheats.com at [email protected]. In certain cases, you may be able to use individual stories that appear on Boxcheats.com through online functionality we have specifically designated (e.g., to e-mail a review to a friend). In such cases, we will tell you directly in the portion of the Content what you may use or you will see a link in the Content that you may click on and be taken to that website.
V. User Content Representations and Warranties
A. By placing material on Boxcheats.com, including but not limited to posting content or communications to any Boxcheats.com bulletin board, mini-forum, blog-space, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and (2) the User Content will not cause injury to any person or entity.
B. Using a name other than your own legal name or Registered User name in association with the submission of User Content is a violation of these Terms, subjecting the User’s Account to possible termination, subject to the sole discretion of Boxcheats.com.
VI. User Content License
A. For all User Content you post, upload, or otherwise make available ("Provide") to Boxcheats.com, you grant Boxcheats.com, its affiliates and related entities, including its websites, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed.
B. Without limiting the generality of the previous paragraph, you authorize Boxcheats.com to share the User Content across all websites, to include the User Content in a searchable format accessible by Users of Boxcheats.com and other Boxcheats.com websites, now in use or later developed, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide.
C. You waive all intellectual property rights with respect to any User Content you provide to Boxcheats.com. You also grant Boxcheats.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you, your representatives or assigns.
VII. Screening and Removal
You acknowledge that Boxcheats.com and/or its designees may or may not pre-screen User Content and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit or refuse any User Content for any reason, including without limitation, that such User Content violates these Terms or is otherwise objectionable.
VIII. User Content Assumption of Risk
A. Boxcheats.com cannot and does not monitor or manage ALL User Content and/or Reviews, and does not guarantee the accuracy, integrity, or quality of User Content or Reviews. All User Content and Reviews provided to Boxcheats.com are the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content or Reviews that you provide.
B. To protect User safety, please use your best judgment when using Boxcheats.com mini-forums, posting boards or other communication vehicles. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. User acknowledges and agrees that if User makes such disclosures, either through posting on any bulletin board, mini-forum, blog-space, message or chat area, or uploading text, images, audio files or other audio-visual content, in interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you in ways that you may not desire or want.
IX. User Content Posting Rules
A. Any decisions as to whether User Content violates any Posting Rule will be made by Boxcheats.com in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
1. You may not provide User Content that:
a. contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;
b. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
c. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
d. violates any right of Boxcheats.com or any third party;
e. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
f. violates or encourages the violation of any law, rule, regulation or ordinance;
g. interferes with any third party's uninterrupted use of Boxcheats.com;
h. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
i. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
j. disrupts, interferes with, or otherwise harms or violates the security of Boxcheats.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Boxcheats.com or affiliated or linked sites;
k. "flames" any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY Boxcheats.com.
X. Unsolicited Material and Ideas
Boxcheats.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to Boxcheats.com. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration or fees of any sort will be provided to you and you are waiving any claim against Boxcheats.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent or posted.
XI. Uses, Registration and Other Policies
A. When registering, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any changes in the Registration data to Boxcheats.com immediately upon such changes.
B. User shall not use pseudonyms or fictitious names in your Registration or Profile.
C. User shall not be allowed to have multiple Registrations. User may only establish one (1) User Profile. If Boxcheats.com finds that you have established more than one Registration or Profile, your account(s) may be suspended or terminated, subject to the sole discretion of Boxcheats.com.
D. User warrants and represents that he/she is of legal age (18 years or older) to use the services of Boxcheats.com, at the time of Registration.
E. User may use Boxcheats.com’s website content online only and solely for personal, non-commercial use and may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content.
F. User may not post, distribute or republish in any way, any portion of Boxcheats.com’s website content to any Internet, Intranet or Extranet website or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
G. User may not distribute any of Boxcheats.com’s website content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
H. Requests to use Boxcheats.com content for any purpose other than as permitted in these Terms shall be directed to Boxcheats.com at
[email protected].
XII. User Types
A. There are two (2) types of Users that may access and/or post information to the Boxcheats.com’s website. The following is a description of each User type:
1. VISITORS (No Registration or Fee Required) - Any visitor to Boxcheats.com’s website may view and access cheat codes. Visitors may not post any content to the website without registering and creating a Profile.
2. REGISTERED USERS (Registration Required) – Registered Users are required to provide certain personal information to Boxcheats.com, including, but not limited to, name and contact information. The information provided will become the Profile of Registered User. By becoming a Registered User, Boxcheats.com’s website provides you with the option to use all of the available services we offer, subject to these Terms. All content provided by Registered User may be used by Boxcheats.com in any way it deems proper, without obligation or compensation to Registered User. Such additional benefits and services for Registered Users include the following:
a. Registered Users can add detailed game or ‘cheat’ code reviews and participate in the mini-forums provided by Boxcheats.com;
b. Registered Users can add background information on the subject(s) they provide reviews and content about.
3. Boxcheats.com takes no responsibility for the quality of the information provided by Registered User.
a. Registered Users are required to give truthful information about their identity and experiences for which they are providing content. Boxcheats.com maintains the right to verify this information and Registered User specifically gives permission to Boxcheats.com to do so;
b. Boxcheats.com may limit Registered User in the use of their Profile for promoting activities which are not related to the objectives of Boxcheats.com’s website. Registered User may add information that supports a better understanding of their identity and who they are. (e.g. links to MySpace, Weblog, etc).
c. Registered Users should provide content and reviews that are unbiased and must not use personal attacks in such content;
d. Registered Users are responsible for their Profile and Account accessibility. No one other than Registered User may use Registered User’s Account and Profile to post content or participate in mini-forums. Any misuse or misrepresentation will lead to immediate termination of the Registered User’s Account and Profile and Boxcheats.com shall pursue all possible damages that result from this misrepresentation or misuse;
e. Boxcheats.com may immediately terminate an Account and Profile at any time, and without providing a reason for such action;
XIII. General Disclaimers and Limitations of Liability
A. While Boxcheats.com uses reasonable efforts to include accurate and up-to-date information, Boxcheats.com specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Boxcheats.com websites, either now operating or created in the future. Boxcheats.com disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. Boxcheats.com disclaims any responsibility or liability for any harm resulting from downloading or accessing any information, content, postings, mini-forums or any other material on the Internet, through Boxcheats.com’s website(s).
B. Boxcheats.com WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Boxcheats.com WEBSITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. Boxcheats.com EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Boxcheats.com DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Boxcheats.com WEBSITES. Boxcheats.com DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Boxcheats.com WEBSITES. Boxcheats.com DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Boxcheats.com WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Boxcheats.com WEBSITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED IN THE Boxcheats.com WEBSITES.
C. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Boxcheats.com WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. Boxcheats.com AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF Boxcheats.com HAS NOTICE.
F. UNDER NO CIRCUMSTANCES SHALL Boxcheats.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON, THE Boxcheats.com WEBSITES, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Boxcheats.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE Boxcheats.com WEBSITES, FROM INABILITY TO USE THE Boxcheats.com WEBSITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Boxcheats.com WEBSITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Boxcheats.com WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Boxcheats.com WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Boxcheats.com WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Boxcheats.com WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Boxcheats.com WEBSITES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR LINKED OR RELATED IN ANY WAY TO, THE Boxcheats.com WEBSITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY THE LAW IN WHATEVER JURISDICTION THE ACTION IS INSTITUTED.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.
H. Boxcheats.com does not make any warranties or representations regarding any data and/or information provided or made available by any User on any of the Boxcheats.com websites or on any external websites linked to them. In particular, Boxcheats.com does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
I. You may report any activities of any other User which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to [email protected].
J. Without limiting the foregoing, under no circumstances shall Boxcheats.com be liable for delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, government actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
XIV. Indemnity
User agrees to indemnify, defend and hold harmless Boxcheats.com, its website(s) and each of their respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. your use of Boxcheats.com websites;
2. Boxcheats.com's use of any User content or information you provide, as long
as such use is not inconsistent with these Terms;
3. information or material provided through your IP address, even if not posted
by you; or
4. any violation of these Terms by User.
A. Users may terminate their accounts at any time. User may deliver notice of termination using the Customer Service email address provided herein. The termination notice shall include the name and email address User registered with.
B. In addition to other reasons, stated elsewhere in these Terms, Boxcheats.com may, without cause and in its sole discretion, terminate your membership under the following circumstances, which are non-inclusive:
1. If User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or
2. If User causes physical, mental or emotional harm to any other User(s);
3. If User provides false or misleading information or photographs describing the services or products you have posted content about; or
4. Any other reason deemed appropriate by Boxcheats.com, in its sole discretion.
C. In the event of a termination in accordance with section VII (B) and notwithstanding Boxcheats.com's right to terminate the contract in accordance therewith, Boxcheats.com is entitled to:
1. Delete the Content, Account and Profile posted by User; or
2. Issue a warning to User; or
3. Block User access to services on the Boxcheats.com’s websites.
XVI. Errors in Advertisements
On occasion, a product or service offered by advertisers on the Boxcheats.com website may not be available at the time or the price as it appears in an advertisement or listing. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or information received from our advertisers, you agree that Boxcheats.com is not responsible for such errors or discrepancies and that your only course of action is to contact the appropriate advertiser.
XVII. Digital Milenium Copyright Act (DMCA)
A. Statement. Boxcheats.com and other companies associated with this website, comply with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on this website, please contact the agent designated to respond to reports alleging copyright infringement. You may view our Privacy Policy by clicking the link below.
• Privacy Policy •
B. Designated Agent. The designated agent for Boxcheats.com and other companies associated with this website, authorized to receive notification of claimed infringement under Title II of the DMCA is:
Name of Designated Agent: Thomas Carroll
Title: Compliance Officer
E-Mail: [email protected]
Phone: 3 1 2 – 3 1 5 – 2 5 1 3
C. Claims. The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
2. A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
XVIII. ARBITRATION
A. Any controversy or claim arising out of or relating to these Terms, or the breach of such Terms, shall be settled by binding arbitration in accordance with the rules of net-ARB.com.
B. The costs of arbitration shall be shared equally between the parties and later apportioned by the arbitrator.
C. The arbitrator's decision is binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.
XIX. Additional Terms
A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in arbitration or an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Boxcheats.com.
B. The place of performance under these Terms shall be the main place of business of Boxcheats.com, which is the State of Illinois.
C. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Boxcheats.com, which is the State of Illinois.
D. These Terms and the contractual relationship shall be governed by the laws of the State of Illinois.
XX. Discontinuation of Service
A. Boxcheats.com may modify, suspend, discontinue or restrict the use of any portion of Boxcheats.com websites, including the availability of any portion of the content at any time, without notice or liability.
B. Boxcheats.com may deny access to any User at any time for any reason. In addition, Boxcheats.com may, at any time, transfer rights and obligations under these Terms to any current or future Boxcheats.com subsidiary or business unit, or any companies or divisions, or any entity that acquires Boxcheats.com or any of its assets.
XXI. Statute of Limitations
You agree to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree no claim subject to these Terms may be brought as a class action.
XXII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXIII. Incident Reporting
Any complaints regarding violations of this Policy by a Boxcheats.com User should be directed to [email protected]. Where possible, include details that would assist Boxcheats.com in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XXIV. Contact Information
Please contact the Boxcheats.com by sending an e-mail to [email protected].
XXV. Effective Date
THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON August 21, 2008.
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