1. ACCEPTANCE OF TERMS

Welcome to Xbox-Scene. Xbox-Scene provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.xbox-scene.com/legal.php. In addition, when using particular Xbox-Scene services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

 

2. DESCRIPTION OF SERVICE
Xbox-Scene currently provides users with access to a rich collection of on-line resources, including, various release lists, online forums, and personalized content and a branded experience through its network of various web sites (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the addition of new Xbox-Scene properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Xbox-Scene assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

 

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to abide by the TOS.

Xbox-Scene will in no way help anyone to obtain the releases reported here. The sole purpose of Xbox-Scene is reporting and giving you the latest news from the scene, not to help people gain access to illegal software in any form. This means we will not (a) sell any of the releases listed here; (b) trade any of the releases listed here; (c) show you where you can obtain any of the releases listed here. Please respect this and do not email the staff about such matters. Do not post any information regarding where to find any of the releases listed here. Offending users may be banned without warning. Any action of a user deemed illegal by Xbox-Scene is grounds for removal of website access privileges.

 

4. Xbox-Scene PRIVACY POLICY
For more information, see our full privacy policy at http://www.xbox-scene.com/privacy.php.

 

5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Xbox-Scene, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Xbox-Scene does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Xbox-Scene be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Xbox-Scene official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. 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;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.

You acknowledge that Xbox-Scene does not pre-screen Content, but that Xbox-Scene and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Xbox-Scene and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may not rely on any Content created by Xbox-Scene or submitted to Xbox-Scene, including without limitation information in Xbox-Scene Message Boards, release pages, and in all other parts of the Service.

You acknowledge and agree that Xbox-Scene may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Xbox-Scene, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

6. 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. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

7. PUBLIC CONTENT POSTED TO Xbox-Scene
(a) For purposes of the TOS, "publicly accessible areas of the Service" are those areas of the Xbox-Scene network of properties accessible by the general public.

(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Xbox-Scene or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Xbox-Scene the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific portion of Xbox-Scene to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you wish to have deleted such Content from the Service.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Xbox-Scene the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

 

8. INDEMNITY
You agree to indemnify and hold Xbox-Scene, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

 

9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Xbox-Scene may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Xbox-Scene has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Xbox-Scene reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Xbox-Scene reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

11. MODIFICATIONS TO SERVICE
Xbox-Scene reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Xbox-Scene shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Xbox-Scene 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.

 

13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Xbox-Scene has no control over such sites and resources, you acknowledge and agree that Xbox-Scene 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 Xbox-Scene shall not be responsible or liable, directly or indirectly, for any damage or loss caused