NOTICE TO USER: Please read this agreement carefully. By using all or any portion of the service you accept all of 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
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.
General Service License Limitations. You agree to the following limitations to the license granted in
(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.
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
(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
(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.
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
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
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