
1. This is a contract between You and 2XL Games, Inc. 
 
This contract covers your use of the 2XL Live Server and
governs any of the related services, software, updates,
support, download content and media that may be obtained via
its use. We refer to any and all types of data or interactive
service provided by the 2XL Live Server as the "Service". The
Service is offered to you conditioned on your acceptance of all
terms in this contract. By selecting "ACCEPT" below, you are
representing that you are 18 years old (and have reached the
“age of majority” if that is not 18 years of age where you
live) and you are attaching your electronic signature to and
agreeing to all terms in this contract.  If you do not agree to
this contract, in its entirety, you must select "DECLINE" and
discontinue your registration, and you will have no right to
use the Service. 
 
2. Additional Terms. 

Certain games, content offerings, features, or events (for
example, sweepstakes and tournaments) that are available via
the Service may contain additional terms, codes of conduct, or
guidelines that govern your use of those games or features, or
your participation in those events (and we refer to all of
these, collectively, as “Additional Terms”). If any terms in
this contract conflict with any Additional Terms, then the
terms in this contract will control as applied to the Service
and your legal relationship with 2XL Games. Nothing in any
Additional Terms will increase our legal liability or change
your relationship with us (unless we are the contracting party
identified in the Additional Terms, and we state, in the
Additional Terms, our intent to modify the terms of this
contract). The Additional Terms may, however, form an
additional contract between you and a third party (for example,
a third party that is offering content to you or sponsoring a
tournament that you want to participate in). Any dealings
between you and such a third party are solely between you and
the third party, and your relationship with the third party may
be governed by the Additional Terms. We do not endorse and
will not be responsible or liable for any aspect of any such
dealings. 

Certain features of the Service may be made available to you
through web sites, online services or applications operated by
third parties. As above, your dealings with any of these third
parties are solely between you and the applicable third party
and may be governed by other terms or agreements that apply to
those web sites and third party features and content. Your use
of any part of the Service as accessed through a third party
web site, however, is still governed by this contract – even if
the terms or agreements applicable to such a third party web
site state otherwise. 

3. When You May Use the Service. 

You may start using the Service as soon as you have finished
the sign-up process. No withdrawal right or other "cooling
off" period applies to the service, and you waive any
applicable "cooling off" period, except if the law requires a
"cooling off" period despite your waiver and even when a
Service starts right away. 
 
4. How You May Use the Service. 

In using the Service, you will: 
- obey the law; 
- obey any codes of conduct or other notices we provide,
  including the 2XL Live Server Code of Conduct
  (www.2xlgames.com/liveserver/codeofconduct.htm and its
  successors); 
- keep your Service account password secret; and 
- promptly notify us if you learn of a security breach related
  to the Service. 
 
5. How You May Not Use the Service. 

In using the Service, you may not: 
- use the Service for commercial purposes (except as expressly
  permitted by us); 
- engage in, facilitate, or further unlawful conduct; 
- use the Service in a way that harms us or our advertisers,
  affiliates, resellers, distributors, or vendors, or any
  customer of ours or our advertisers, affiliates, resellers,
  distributors, or vendors; 
- use any portion of the Service as a destination linked from
  any unsolicited bulk messages or unsolicited commercial
  messages ("spam"); or send, either directly or indirectly, any
  spam through the Service; 
- use any automated process or service to access and/or use the
  Service (such as a BOT, a spider, periodic caching of
  information stored by 2XL Games, or "meta-searching"); 
- use any unauthorized means to modify or reroute, or attempt
  to modify or reroute, the Service; 
- damage, disable, overburden, or impair the Service (or the
  networks connected to the Service) or interfere with anyone
  else's ability to access or use the Service; 
- resell or redistribute the Service, or any part of the
  Service; 
- disrupt, or try to gain unauthorized access to : any account,
  computer, hardware, or network related to the Service; 
- obtain (or try to obtain) any data from the Service or
  related hardware, except data that we intend to provide or make
  available to you; 
- use the Service or related hardware to design, develop, or
  update unauthorized software; 
- use or distribute unauthorized cheats, macros, or scripts; or 
- exploit a bug, or make an unauthorized modification, to any
  software or data to gain unfair advantage in a game, contest,
  or promotion. 

You agree that we may also discontinue your access to the
Service if you do any of the following while connected to the
Service: 
- Defame, abuse, harass, stalk, threaten, or otherwise violate
  the legal rights (such as rights of privacy and publicity) of
  others; 
- Publish, distribute, or disseminate any inappropriate,
  profane, defamatory, infringing, obscene, indecent, or unlawful
  content, topic, name, material, file, or information; 
- Publish, distribute, or disseminate any content, topic, name,
  material, file, or information that incites, advocates,
  promotes, depicts, constitutes, or expresses child pornography,
  profanity, hatred, bigotry, racism, illegal drug use,
  gratuitous or graphic violence, or criminal or fraudulent
  activity; 
- Create a player profile, avatar or use text in other profile
  fields that may offend other members. This includes comments
  that look, sound like, stand for, hint at, abbreviate, or
  insinuate or relate to any of the following: profane
  words/phrases, topics or content of a sexual nature, hate
  speech (including but not limited to racial, ethnic, or
  religious slurs), illegal drugs/controlled substances, or
  illegal activities; 
- Use the Service or any material or information made available
  through the Service in any manner that infringes any copyright,
  trademark, patent, trade secret, or other proprietary right of
  us or any third party; 
- Upload files that contain viruses, Trojan horses, worms, time
  bombs, cancelbots, corrupted files, or any other similar
  software or programs that may damage the operation of the
  Service, another person's mobile device, or other property; 
- Download or use any material sent or provided by another user
  of the Service that you know, or reasonably should know, cannot
  be legally shared or distributed in such manner (except as
  expressly permitted by us); 
- Send, either directly or indirectly, any unsolicited bulk
  messages or unsolicited commercial communications; 
- Participate in pyramid schemes or chain letters; 
- Harvest or otherwise collect information about others,
  including e-mail addresses, without their consent; 
- Create a false identity for the purpose of misleading others; 
- Falsify or delete any author attributions, legal or other
  proper notices, or proprietary designations or labels of the
  origin or source of software or other material contained in a
  file that is transferred; 
- Make false complaints or provide false feedback about other
  users of the Service; 
- Use, download, or otherwise copy, or provide to a third party
  (whether or not for a fee) any: (i) directory of users of the
  Service, (ii) information about users of the Service, or
  (iii) Service usage information; 
- View, intercept, or attempt to intercept private
  communications not intended for you; 
- Violate any relevant law or posted guidelines or codes
  relating to the use of the Service; or 
 - Provide or offer to provide services for the provision of
  gambling or wagering. 

6. You Are Responsible for Your Service Account. 

Only you may use your Service account. For some parts of the
Service, we may notify you that you may set up additional
member accounts that are dependent on your account (an
“associated account”). You are responsible for all activity
that takes place with your Service account or an associated
account. Except as otherwise stated in this Section 6, you may
not authorize any third party to access and/or use the Service
on your behalf, except where we provide a mechanism for third
parties to access the Service on your behalf. We may limit who
may use your Service account or any associated accounts. 

If you allow or enable a minor to use your Service account or
an associated account, then: 
- You represent that you are the parent or legal guardian of
  each such minor; 
- You acknowledge that you are aware that some features of the
  Service, and some content available through the Service may
  contain or expose users to material that is unsuitable for
  minors, and you agree to supervise usage by minors whom you
  permit to use the Service . The Service is not intended for use
  by children under 13, except together with a parent or other
  adult supervision; 
- You are responsible for any material to which a user of your
  subscription either gains or is denied access (including as a
  result of your use or non-use of Family Settings or Parental
  Controls) .  You acknowledge that use of Family Settings,
  Parental Controls, or both, is not a substitute for your
  personal supervision of your minor children or minors for whom
  you are the legal guardian. 

7. If You Are An Associated Account User. 

If you are the user of an associated account, then the holder
of the Service account has full control over your associated
account. This control includes the right to end the Service,
close or alter your associated account at any time, and, in
some cases, to request and receive machine and Service usage
information related to your associated account. 

8. Your Materials. 

You may be able to submit materials for use in connection with
the Service. The Service includes publicly accessible areas
(“public areas of the Service”) and areas to which you can
control access by others (“shared and private areas of the
service”). You understand that 2XL Games does not control or
endorse the content that you and others post or provide on the
Service. Except for content that we license to you, we do not
claim ownership of the materials you post or provide on the
Service. However, with respect to content you post or provide,
you grant to those members of the public to whom you have
granted access (for content posted on shared and private areas
of the service) or to the public (for content posted on public
areas of the service), and, in either case, to us, free,
unlimited, worldwide, nonexclusive, perpetual, and irrevocable
permission to: 
- use, modify, copy, distribute, and display the content in
  connection with the service and other 2XL Games products and
  services; 
- publish your name, profile, or other information you supply
  in connection with the content; and 
- grant these rights to others. 

If the submission is a photograph or other digital image, you
also expressly waive any and all rights of privacy and
publicity with respect to the image. You understand that we
may need to make copies, change the format, transcode, or
otherwise process content posted on the Service, including on
shared and private areas of the Service, to: 
- store and retrieve the content; 
- make the content available to you and those members of the
  public to whom you have granted access; 
- conform to connecting networks' technical requirements; or 
- conform to the limitations and terms of the Service. 

This section only applies to legally permissible content and
only to the extent that use and publishing of legally
permissible content does not violate the law. You understand
that sharing content that violates others' copyrights, 
privacy, publicity, or other intellectual property rights
breaches this contract. You represent and warrant that you
have all the rights necessary for you to grant the rights in
this Section 8 and that the use and publication of the content
does not violate any law. We will not pay you for your
content. We may refuse to publish your content, and we may
remove your content from the Service at any time. 

9. Privacy. 

In order to operate and provide the Service, we collect
certain information about you. We use and protect that
information as described in the 2XL Games Online Privacy Notice
(www.2xlgames.com/liveserver/privacypolicy.htm, and its
successors). In particular, we may access or disclose
information about you, including the content of your
communications, in order to: (a) comply with the law or respond
to lawful requests or legal process; (b) protect the rights or
property of 2XL Games or our customers, including the
enforcement of our agreements or policies governing your use of
the Service; or (c) act on a good faith belief that such access
or disclosure is necessary to protect the personal safety of
2XL Games employees, customers, or the public. 

We may use technology or other means to protect the Service,
protect our customers, or stop you from breaching this
contract. These means may include, for example, filtering to
stop spam or increase security. These means may hinder or
break your use of the Service. 
To provide you the Service, we may collect certain information
about Service performance, your machine, and your Service use. 
We may automatically upload this information from your
machine. Such data may include device hardware and operating
performance data, and network performance and service quality
data. Any software or hardware errors, which may occur while
you are connected to 2XL Live Server or offline, may be
uploaded and reported. All such data may be stored with the
device’s unique identifier, and may be associated with other
personally identifiable information. 

Additionally, to evaluate and enable the features and
functions of the Service, such as leaderboards, live-hosted
gameplay,achievements, tournaments, and gamer profile sharing,
you grant 2XL Games and each of our affiliates, resellers,
distributors, service providers, partners, and/or suppliers
(each, a "2XL Games party"), permission to use, track, store,
copy, distribute, broadcast, transmit, publicly display and
perform, and reproduce your game scores, your game play
sessions, your presence on the Service, the time that you spend
on or within particular portions of the Service, portions of
the Service that are displayed on your monitor or screen and
the duration of that display, rankings, statistics, gamer
profiles, avatars, content that you may submit, and other usage
information with or without attribution to you, your profile,
or avatar and without notice or compensation to you of any
kind. 

You should not expect any level of privacy concerning your use
of the live communication features (for example, voice chat,
video and communications in live-hosted game play
sessions)offered through the Service. These communications may
be monitored; however, we cannot monitor the entire Service and
make no attempt to do so. You understand that these
communications can be recorded and used by others, and
communications in live-hosted game play sessions may be
broadcast to others. Some games may utilize game managers and
hosts. Game managers and hosts are not authorized 2XL Games
spokespersons, and their views do not necessarily reflect those
of 2XL Games. We do not routinely monitor your use of the
communication features of the Service. However, to the maximum
extent permitted by law, we may monitor your communications and
may disclose information about you as set forth in this
Section 9. 

10. Intellectual Property. 

If you receive from us software or content (e.g., text,
images, video, graphics, music, sound, games) associated with
the Service (for purposes of this Section 10, we refer to all
of these, as applicable, as “software”), your use of that
software is under the terms of the license (including any
statement of specific authorized uses or restrictions, such as
the Special Video Content described in Section 11 below)
presented to you for acceptance with that software. If there
is no license presented to you, or unless otherwise stated in
this contract, then we grant you a limited, personal,
non-exclusive, revocable license to use the software only for
and during the authorized use of this Service and/or the game
or other product to which the software relates. You may not
copy, download, modify or create derivative works, publish,
transmit, sell or attempt to sell or transfer, or otherwise use
or exploit any software unless we or our suppliers have
expressly allowed you to do so. 

Copyright and other intellectual property laws and treaties
protect the software and all other aspects of the Service. We
own the title, copyright, and other intellectual property
rights in the software and Service, and the software and
Service are solely licensed and not sold. We and our suppliers
reserve all other rights to the software and Service that are
not expressly granted in this contract. You do not have
ownership rights to any software made available or accessible
on or in relation to the Service, or any other aspect of the
Service (except you may own your own submissions), regardless
of how the software and Service are used, accessed, downloaded,
or otherwise made available to you. 
 We may automatically check your version of the software. We
may automatically download upgrades to the software to your
computer or device to update, enhance, and further develop the
Service. 

Unless we notify you otherwise, your license to use the
software will end on the date your Service ends, and you must
promptly uninstall and delete the software. We may disable the
software after the date the Service terminates. 

You will not disassemble, decompile, or reverse engineer any
software included in the Service, except and only to the extent
that the law expressly permits this activity. 
The software is subject to United States export laws and
regulations. You must comply with all domestic and
international export laws and regulations that apply to the
software. These laws include restrictions on destinations, end
users, and end use. 

11. Service Operation and Equipment. 

The Service may only be accessed with a mobile device running
legally obtained software created by 2XL Games. You agree
that you are using only authorized software and hardware to
access the Service, that your software and hardware have not
been modified in any unauthorized way (e.g., through
unauthorized repairs, unauthorized upgrades, or unauthorized
downloads), and that we have the right to send data, 
applications or other content to any software or hardware that
you are using to access the Service for the express purpose of
detecting an unauthorized modification. Any attempt to
disassemble, decompile, create derivative works of, reverse
engineer, modify, further sublicense, distribute, or use for
other purposes the Service, any game, application, or other
content available or accessible through the Service, or any
hardware or software associated with the Service is strictly
prohibited and may result in cancellation of your account
and/or your ability to access the Service, and the pursuit of
other legal remedies by 2XL Games. 2XL Games may take any
legal action it deems appropriate against users who violate 2XL
Games’ systems or network security, this contract or any
additional terms incorporated or referenced in this contract,
and such users may also incur criminal or civil liability. 

2XL Games reserves complete and sole discretion with respect
to the operation of the Service. 2XL Games may, among other
things: (a) restrict or limit access to the Service;
(b) retrieve information from the mobile device, personal
computer, and any connected peripheral device used to log onto
the Service as necessary to operate and protect the security of
the Service, and to enforce this contract; and (c) upgrade,
modify, withdraw, suspend, or discontinue any functionality or
feature of the Service, any game or other content available or
accessible through the Service, or any hardware or software
associated with the Service or mobile device, or personal
computer, from time to time without notice, which may involve
the automatic download of related software directly to your
mobile device, including software that prevents you from
accessing the Service, playing pirated games, or using
unauthorized hardware peripheral devices. 

12. How We May Change the Contract. 

If we change this contract, then we will require you to agree
to a new contract that includes such changes if you want to
continue to receive the Service. If you do not want to agree
to the new contract, you may cancel the Service. Your
continued use of the Service will be deemed acceptance of and
agreement to the new contract. 

13. WE MAKE NO WARRANTY. 

We provide the Service "as-is," "with all faults," and "as
available."  We do not guarantee the accuracy or timeliness of
information available from the Service. 2XL Games give no
express warranties, guarantees, or conditions under or in
relation to the Service, this contract or its subject matter.
 You may have additional consumer rights under your local laws
that this contract cannot change. We exclude any implied
warranties, including those of merchantability, fitness for a
particular purpose, workmanlike effort, and non-infringement. 

14. LIABILITY LIMITATION. 

As a result of using the Service, you cannot recover any
damages, including consequential, lost profits, special,
indirect, incidental, or punitive damages. 

This limitation applies to anything related to: 
- the Service; 
- third party content (including code), third party programs,
  or third party conduct; 
- viruses or other disabling features that affect your access
  to or use of the Service; 
- incompatibility between the Service and other services,
  software, and hardware; 
- delays or failures you may have in initiating, conducting, or
  completing any transmissions or transactions in connection with
  the Service in an accurate or timely manner; and 
- claims for breach of contract; breach of warranty,
  guarantee, or condition; strict liability; negligence; or other
  tort. 
- It also applies even if: 
- this remedy does not fully compensate you for any losses, or
  fails of its essential purpose; or 
- 2XL Games knew or should have known about the possibility of
  damages. 

Some states do not allow the exclusion or limitation of
incidental, consequential, or certain otherdamages, so the
above limitation or exclusion may not apply to you. They also
may not apply to you because your province or country may not
allow the exclusion or limitation of incidental, consequential,
or other damages. 

15. Changes to the Service; If We Cancel the Service. 

We may change the Service or delete or discontinue features,
games, or other content at any time and for any reason (or no
reason). We may cancel or suspend your Service at any time. 
Our cancellation or suspension may be without cause and without
notice. Upon Service cancellation, your right to use the
Service stops right away. Once the Service is cancelled or
suspended, any data you have stored on the Service may not be
retrieved later. Our cancellation of the Service will not
alter your obligation to pay all charges made to your billing
account. 
16. Interpreting the Contract. 

All parts of this contract apply to the maximum extent
permitted by law. A court may hold that we cannot enforce a
part of this contract as written. If this happens, then we
will replace that part with terms that most closely match the
intent of the part that we cannot enforce. The rest of this
contract will not change. This is the entire contract between
you and us regarding your use of the Service. It supersedes
any prior contract or statements regarding your use of the
Service. If you have confidentiality obligations related to
the Service, those obligations remain in force even after
termination or cancellation of the Service (for example, you
may have been a beta tester). The section titles in the
contract do not limit the other terms of this contract. 

17. Assignment. 

We may assign this contract, in whole or in part, at any time
with or without notice to you. You may not assign this
contract, or any part of it, to any other person. Any attempt
by you to do so is void. You may not transfer to anyone else,
either temporarily or permanently, any rights to use the
Service or any part of the Service. 

18. No Third Party Beneficiaries; 2XL Games Affiliates. 

This contract is solely for your and our benefit. It is not
for the benefit of any other person, except for permitted
successors and assigns under this contract. Certain sections
of this contract are for the benefit of 2XL Games’ affiliates. 
As a result, 2XL Games is entitled to enforce this contract. 

19. Claim Must Be Filed Within One Year. 

Any claim related to this contract or the Service may not be
brought unless brought within one year after the claim arises. 
If it is not filed in time, then that claim is permanently
barred. This applies to you and your successors. It also
applies to us and our successors and assigns. 

20. Your Notices to Us. 

You may notify us as stated in the customer support or “help”
area (if any) for the Service. If there is no such customer
support or “help” area, you may notify us by postal mail (we do
not accept email notices). Send postal mail notices as
follows: 

 2XL Games, Inc. 
 Attention: 2XL Live Server Customer Service 
 3131 East Camelback #240 
 Phoenix, Arizona 85016 
 USA 

21. Notices We Send You; Consent Regarding Electronic
Information. 

This contract is in electronic form. We have promised to send
you certain information in connection with the Service and have
the right to send you certain additional information. There
may be other information regarding the Service that the law
requires us to send you. We may send you this (and any other)
information in electronic form. You have the right to withdraw
this consent, but if you do, we may cancel your Service. We
may provide required information to you: 
- by e-mail at the e-mail address you specified when you signed
  up for your Service; 
- by access to a 2XL Games web site that will be designated in
  an e-mail notice sent to you at the time the information is
  available; or 
- by access to a 2XL Games web site that will be generally
  designated in advance for this purpose. 

Notices provided to you via e-mail will be deemed given and
received on the transmission date of the e-mail. As long as you
access and use the Service, you agree that you will have, or
have access to, the necessary software and hardware to receive
such notices. If you do not consent to receive any notices
electronically, you must stop using the Service. 

22. Choice of Law and Location for Resolving Disputes. 

If this contract is with 2XL Games, then claims for breach of
this contract will be subject to the laws of the State of
Arizona, without reference to conflict of laws principles. All
other claims, including claims regarding consumer protection
laws, unfair competition laws, and in tort, will be subject to
the laws of your state of residence in the United States, or,
if you reside outside the United States, under the laws of the
country to which we direct your Service. If this contract is
with 2XL Games, you consent to the exclusive jurisdiction and
venue of state or federal courts in Maricopa County, Arizona,
USA for all disputes relating to this contract or the Service.
You cannot revoke this consent. 

23. NOTICES. 

Copyright and Trademark Notices 
All contents of the Service are Copyright © 2009 2XL Games
Inc., 3131 East Camelback #240, Phoenix, Arizona 85016 U.S.A. 
All rights reserved. Copyright and other intellectual property
laws and treaties protect any software or content provided as
part of the Service. Any rights not expressly granted in this
contract are reserved. 

Respect Copyright 

Please respect the rights of artists and creators. Content
such as music, photos, and video may be protected by
copyright. People appearing in content may have a right to
control use of their image. You may not share other people's
content unless you own the rights or have permission from the
owner. 

Support 

Customer support is not offered for the Service, unless
provided otherwise in this contract or the materials we publish
in connection with a particular component of the Service
specify that it includes customer support. 
