Last updated on: 25 September 2015
1.1 Welcome to our website. This page sets out the terms and conditions ("Terms") which apply to your use of the inxile-entertainment.com website (the "Website").
2. About us
2.1 The Website is owned and operated by inXile entertainment, Inc. (referred to in these Terms as “we”, “us”, "inXile entertainment" or "inXile"). If you have any questions about these Terms or wish to contact us for any reason whatsoever, please use the contact details set out below:
Post: 2727 Newport Blvd. #200, Newport Beach, CA 92663, USA
3. Your use of the Website
By using the Website, you confirm that you are aged 18 or over. If you are not, you must not use the Website. Should we discover that any user of the Website is not aged 18 or over, we may take any action we consider appropriate regarding his/her Account (as defined at clause 4.1 below) including: locking, temporarily or permanently banning the account and/or access to the Website.
3.1 You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
3.2 You are permitted to download and print content from the Website solely for your own personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website without our express written permission.
3.3 You are not permitted to use the content of the Website for commercial exploitation under any circumstances.
3.4 Unauthorised use of or activity regarding this Website may give rise to legal action against you and may in appropriate situations constitute a criminal offence.
4. Your account
4.1 We require you to register an account in order to use certain features of the Website ("Accounts"). We grant valid Account holders a non-exclusive, non-transferable license for the period of membership to use these features in accordance with these Terms.
4.2 In creating your Account, you must not impersonate inXile staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches any username/email requirements specified on the Website. We reserve the right to make such assessment in our sole discretion, change any username/email for any reason or take such other action as we believe appropriate.
4.3 You agree to keep your Account password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your Account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with any password requirements specified on the Website.
4.4 If we consider that these Terms have or may have been breached, or that there has been fraudulent, unlawful or abusive activity, or that it is necessary in order to prevent or stop any harm or damage to us, other players or the public, we may take any action we consider appropriate, including: locking, temporarily or permanently banning your Account and/or access to the Website.
5. Intellectual property rights
5.1 Subject to clause 5.2 below, we own (or license, as applicable) all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights ("IPR") existing in or in relation to the Website ("Website IPR"). Website IPR includes, but is not limited to, the design, layout, look, appearance and graphics contained in the Website.
5.2 Any IPR belonging to a third party which is reproduced in the Website by us will be acknowledged as such.
5.3 If any Website IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such Website IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such Website IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website.
5.4 You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any Website IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
6. Our liability to you
6.1 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms.
6.2 We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
6.3 While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
6.4 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
6.5 We cannot guarantee that the Website will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
6.6 This Website may contain links to other websites. We do not endorse such websites and accept no responsibility or liability for any material or services supplied by any third party website which is linked from or to this Website, or any use of personal data by such third party.
6.7 We will do our best to maintain operation of the Website and rectify faults as quickly as possible. We may however have to suspend operation of the Website without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.
6.8 Nothing in these Terms shall limit our liability for personal injury or death.
7. Amendments to these Terms
7.1 We may update or amend these Terms from time to time to comply with legal requirements or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
8. Other important terms
8.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
8.2 Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.3 We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
8.4 These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
8.5 These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.
9.1 If you are dissatisfied with this Website or any aspect of it, please contact us via the forms on our Website, or any websites owned by inXile, or write to our registered office above.
inXile entertainment and the inXile entertainment logo are trademarks or registered trademarks of inXile entertainment Inc. in the U.S. and/or other countries. Copyright 2002-2015, inXile entertainment, Inc. All Rights Reserved.
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All other trademarks are properties of their respective companies and are hereby acknowledged.
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