X-ray Gaming Terms and Conditions
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website and all other websites owned and/or operated by The New World Assembly Limited (TNWA Goup) which may be accessed through this website (the "Site" and each a "Site") and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Site. Using the Site indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Site. This notice is issued by The New World Assembly Limited.
I. General
1.1 Binding Nature of Terms and Conditions
Registering for an account and/or participating in any tournament or qualifying round offered on sites owned and operated by The New World Assembly Limited (the "Company" or “X ray Gaming”) signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Company may modify these Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications. The failure of the Company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales irrespective of any principles of conflicts of law.
By registering for an account, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the English courts and you hereby irrevocably submit to the exclusive jurisdiction of such courts in respect of any disputes arising between the parties.
Because the Site is a venue, in the event that you have a dispute with one or more participants in a tournament, qualifying round or any competitive play regarding a matter that the Company does not assume express legal responsibility for under these Terms and Conditions, you (a) hereby acknowledge and agree that you shall look solely to the participants with whom you have a dispute to resolve any claims, demands or damages relating to any such dispute and (b) hereby release and agree to release the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
1.3 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.4 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Company and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Company or the Site. Nothing in this subsection will prevent the Company from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
II - SERVICE
2.1 Disconnects
Internet connectivity is the responsibility of the member playing. Hence, if there is an interruption of service for X ray Gaming, unless otherwise proven, it is fair to assume that loss of connectivity is the fault of the member and any compensation or refund (where applicable) is at the discretion of X ray Gaming.
If the member loses connectivity repeatedly (as determined by X ray Gaming in its absolute discretion) they have the option to inhibit the member from playing that particular game or any and all games through the Site for an indefinite period. In this eventuality, the member can contact X ray Gaming via support@XrayGaming.com. X ray Gaming is under no obligation to compensate or refund players for loss of connectivity deemed the responsibility of the player. All appeals will be treated in a discretionary manner. X ray Gaming retains the right to terminate any member account (see section 5.6).
III - CONDITIONS
3.1 General Membership Eligibility
If you are a natural person who has verified all the information submitted on your membership registration form and you own, or are validly licensed to use, the software required for one or more of the games offered by the Site, you are eligible to participate in competitive play on the Site in respect of such game or games and utilize all services offered.
3.2 Age Restriction
To participate in competitive play on the Site or utilize any services offered, you must fall within the General Membership Eligibility criteria set out in Section 3.1 and be at least the minimum age restriction for the game titles that you play in. X ray Gaming reserves the right to restrict entry to specific titles based on the age of entrants.
3.3 Additional Persons Not Eligible
Notwithstanding Section 3.2, the following persons are ineligible to receive any prize offered on the Site: paid employees, officers, and directors (and their immediate family members) of the Company, its parent companies or subsidiaries. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
For the avoidance of doubt you are not eligible to participate in any event unless you own, or are validly licensed to use, the software applicable to the game in which you participate and, by participating in any event, game or tournament, you represent and warrant to the Company that you own, or are validly licensed to use, the software applicable to that event, game or tournament.
3.4 Legality and Taxes
You agree the Company cannot be held liable if laws applicable to you restrict or prohibit your participation. The Company makes no representations or warranties, implicit or explicit, as to your legal right to participate in any event offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site and/or the Company have authority to make any such representations or warranties.
If any taxes or other deductions are required by law to be made by the Company from any payment to you the Company shall be entitled to withhold the same and shall, if so required, account to the relevant authorities in respect thereof.
The Company reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
In the event X ray Gaming suspects you are in breach of Section 3.3 or otherwise do not own, or are not validly licensed to use, the software applicable to any event, game or tournament in which you have participated, or are or will participate in, the Company, in addition to all other rights it has, may inform the owner and/or licensor of such software of your breach or suspected breach, along with all applicable details in respect of such breach or suspected breach.
3.5 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any competitive play, offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Company or licensed to the Company, or its partners, from other parties. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. The Company neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Company uses reasonable efforts to include accurate and up-to-date information, the Company makes no representations or warranties as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site or the Company by electronic mail, chat, or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary and shall become and remain the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company and the Company shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you. Anything you transmit or post may be used by the Company and/or its partners for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site or the Company for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names and logos of all games and software publishers, are registered and unregistered Trademarks of the Company and/or other parties. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that owns the Trademark displayed on the Site. Your use of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including pursuing criminal prosecution where appropriate.
3.6 Use of User Information and Announcements
By registering for an account, you agree that the Company may display your handle/user name (including the handle/user name of any clan which you are a member of), team name (if any), rank/ladder position and competitive play records. By accepting any prize from the Company, you agree to allow the Company to print, publish, broadcast and use, worldwide, in any media and at any time, your handle/user name (including the handle/user name of any clan which you are a member of), picture, voice, likeness, gaming performance (including the gaming performance of any clan which you are a member of) and/or biographical information for promotional purposes without additional compensation or payment.
3.7 Information Required
At registration, and/or in order to submit credit card details, you are required to submit the following information: your full name, permanent residential address, date of birth, phone number, credit card or other payment information, a handle that will be your user name, a password and your e-mail address. The Company reserves the right, in its sole discretion, to change and/or suspend/terminate offensive handles/user names.
3.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account.
3.9 Cancellation of Membership
To cancel your membership you must contact the Company via e-mail at support@XrayGaming.com. Please include your handle/user name.
3.10 Telecommunication Charges
You are responsible for any telecommunication charges incurred while accessing the Site, including but not limited to, long distance charges, local phone charges, equipment and line costs. Any dispute of these charges is strictly between you and your telecommunication provider.
3.11 Privacy Policy
To view the Company's full privacy policy (which forms part of these Terms and Conditions) click on the following link: privacy policy.
3.12 Chat & Message Board Policy
The following is a summary of the Chat and Message Board Policy for the Site. Any member who violate any of these standards shall be subject to immediate sanction (as determined by the Company in its sole discretion), including membership termination and blocking of Site access and, if applicable, disclosure to the relevant authorities:
i. The Company reserves the right to remove any posts for any reason.
ii. Profanity, obscenities, or "masking" characters to disguise such words, is not permitted.
iii. Obscene, lewd, slanderous, pornographic, abusive, violent, indecent, threatening and harassing language of any kind will not be tolerated.
iv. Opinions or comments on the subject at hand are welcomed, but attacking or otherwise libelling or defaming individuals, companies or products is not permitted.
v. Advertising or promotion of other companies, products, or URLs is not permitted.
vi. No copyrighted materials are allowed in messages.
vii. Information disclosed in the Site chat rooms or message boards becomes property of the Company and is revealed to the public. The Company is not responsible for any information you choose to disclose to others.
viii. "Flooding" of the Site, or any area of the Site, by posting large numbers of messages which contain no substantive content, posting large numbers of messages with little or no content, or any similar activity is not permitted.
3.13 Abuse
Anyone who abuses the Site, including but not limited to, the use of unauthorised or altered software or hardware to assist play, harasses other participants, posts objectionable material, breaches any of these Terms and Conditions, other provision of the Site or the terms of any other agreement between you and the Company, or breaches the security of any membership account and/or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Company in its sole discretion), including membership termination and blocking of Site access and, in the case of breach of security or credit card fraud, disclosure to the relevant authorities. Additionally, all winnings (if any) may be voided at the sole discretion of the Company.
IV - LIMITATION ON LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT, MEMBERSHIP AND/OR PARTICIPATING IN ANY EVENT, COMPETITIVE PLAY, QUALIFYING ROUND OR TOURNAMENT OFFERED ON THE SITE OR OTHERWISE USING OR LOGGING ONTO THIS SITE, YOU AGREE THAT THE COMPANY AND ANY OF THE COMPANY'S GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY (INCLUDING WITHOUT LIMITATION TOURNAMENTS AVAILABLE VIA THE SITE) OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
4.2 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE COMPANY HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
Nothing in this legal notice shall exclude or limit the Company's liability for: (a) death or personal injury caused by negligence; (b) fraud; or (c) any liability which cannot be excluded or limited under applicable law.
If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
4.3 Credit Card or Other Payment Mechanism
You are responsible for paying your membership dues to the Company on time. You agree that the Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Site.
Any attempt to defraud the Company through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.
4.4 Unauthorized Use and Access
By registering for an account and/or participating in any event, competitive play, qualifying rounds or tournaments offered on the Site, you agree that the Company is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, install or use any cheating mechanisms in game play or deliberately damage or undermine the Site will be reported to the proper law enforcement authorities and is subject to civil and/or criminal prosecution and will result in immediate termination of your account.
4.5 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, or participate in any event using your account information. Your account is not transferable to any other person. By registering and/or participating in any event offered on the Site, you agree to indemnify, defend, and hold the Company harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
4.6 Account Termination
The Company reserves the right to terminate your account, for any reason, including but not limited to any reasons listed in Sections 3.12 and 3.13. By registering for an account and/or participating in any event, game or tournament offered on the Site, you consent to allow the Company to access your account information to investigate complaints or other allegations of abuse.
The Company may terminate the Site or any event, game or tournament arranged by the Company with or without cause at any time, effective immediately upon notice to you; such notice may be in the form of an electronic mail message, or may be posted within the Site itself prior to termination. The Company shall not be liable to you for termination of the Site or the event, game or tournaments under any theory of law or equity.
4.7 Links
The Site may contain links to other web sites and resources which are provided solely for your convenience. You acknowledge and agree that the Company does not control, and is not responsible or liable for, the availability or accuracy of such web sites or resources or the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Site does not imply that the Company endorses, or makes any representation or warranty about, the linked site or resource. If you decide to access any such websites and resources linked to this Site you do so entirely at you own risk.
4.8 Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Site (including without limitation your participation in prize tournaments), your violation of these Terms and Conditions, or the infringement by you or any other user of the Site using your user name/handle and password (whether or not you are the individual who undertakes such activities).
Violations
PLEASE REPORT ANY VIOLATIONS OF THESE TERMS & CONDITIONS TO ABUSE@X RAY GAMING.COM
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE XRAY GAMING SITE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS
