Terms and Conditions of Use of Xbox Culture
1 Acceptance The Use Of Xbox Culture Terms and Conditions
Your access to and use of Xbox Culture is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Credit card details
The Only areas in which you will be asked to provide any credit, debit, or bank account information is on our Merchandise Page & Through our forum donation. The transaction information for our Merchandise is handled by http://www.spreadshirt.com/. Our forum donation transactions are handled by http://www.paypal.com
The contents of Xbox Culture do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4 Change of Use
Xbox Culture reserves the right to:
4.1 Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Xbox Culture shall not be liable to you for any such change or removal.
4.2 Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 Links to Third Party Websites
Xbox Culture may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Xbox Culture or otherwise used by Xbox Culture as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7 Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Xbox Culture will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Xbox Culture makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Xbox Culture for death or personal injury as a result of the negligence of Xbox Culture or that of its employees or agents.
You agree to indemnify and hold Xbox Culture and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Xbox Culture arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
Official Giveaway Rules
No Purchase Required to Enter or Win
1. Eligibility: The Xbox Culture Giveaways are open only to individuals who are legal residents of the fifty (50) United States (excluding Rhode Island)(including the District of Columbia) and are 18 years of age or older. Staff of Xbox Culture are not eligible. All U.S., federal, state and local laws and regulations apply. Void where prohibited by law.
2. Sponsor: The Giveaways are sponsored Xbox Culture.
3. Agreement to Official Rules: Participation in the Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Entry Period: The start and end dates/times of each Giveaway (the “Entry Period”) will be posted on the applicable Giveaway Page.
5. Entry: To enter a Giveaway, follow the instructions on the Giveaway Page. Submission will result in one (1) entry. The number of times you can enter the Giveaway will be posted on the applicable Giveaway Page. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
6. Drawing: At the conclusion of the Entry Period, we will select the names of the potential winners in a random drawing of all eligible entries received during each Entry Period. The number of winners to be selected in a specific Giveaway will be posted on the applicable Giveaway page. The odds of being selected as a potential winner depend on the number of eligible entries received during the Entry Period. Potential winners will be contacted via email and will be asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, we will select an alternate potential winner in his/her place at random from all entries received during the Entry Period. Limit one (1) prize per household per Giveaway.
7. Requirements of the Potential Winners: Except where prohibited, the potential winners may be required to provide a current drivers license within three (3) days of being notified. This is to ensure of your Age & that you are indeed a citizen of the United States. If a potential winner fails to provide these details within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received.
8. Prize(s): The prize(s) (including each prize’s approximate retail value) available to be won in a specific Giveaway will be posted on the Giveaway page. No cash or other substitution may be made. The winners are responsible for any taxes and fees associated with receipt or use of a prize.
9. General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, we may, in our sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or ( B) award the prizes at random from among the eligible entries received up to the time of the impairment. We reserve the right in our sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, We reserves the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. Release and Limitations of Liability: By participating in the Giveaway, entrants agree to release and hold harmless the Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; ( B) technical errors related to computers, servers, providers, or telephone or network lines; © printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action, the Giveaway Entities’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Giveaway Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Xbox Culture in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the United States of America, without giving effect to any choice of law or conflict of law rules (whether of the Federal Government, State Government, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Federal Government.
12. Giveaway Results: To request the name of the winners, send a self-addressed stamped envelope (stating the specific Giveaway you are requesting the winners for) to Xbox Culture, 614 Loveville Road, BLDG D, Hockessin, DE 19707. Requests must be received within thirty (30) days from the end date of the applicable Giveaway.