Terms of Service

Terms of Service

Welcome to Pwnit! The goal of this web site (“Site”) is to provide to a large group of people access to a community which celebrates and rewards amazing moments. We provide you a platform to share your skills, connect with like-minded players, and win prizing by uploading media in the form of video (“Clips”) and images (“Screenshots” or “Screens”). This process involves posting media, information and meta-data. Such postings are governed by the following document which describes what you can expect from us and what we expect from you.

We adhere to the terms of this agreement (“Terms of Service”) to provide a safe, non-offensive environment for all users of the Site. By accessing any area of the Site, users ("Users," "you," "your") agree to be legally bound and to abide by these Terms of Service, which may be subject to change. If we change our terms we will post those changes within this page. These Terms of Service can always be found at www.pwnit.com/ToS and was last updated as of August 1, 2013.

IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.

By visiting the Site you consent to the collection and use of information by us as set forth in our Privacy Statement which is incorporated herein; www.pwnit.com/privacy. We respect your personal privacy and your discretion. What you post may appear on other websites when shared or when searches are executed on the subject of your postings. Note that if you choose to post your real name, email, or game service identities within the materials that you post on the Site, you may receive unsolicited messages directed to those contact points, so we encourage you to exercise discretion and caution with respect to your personal information and the personal information of others. More information regarding our commitment to you privacy is outlined in our Privacy Statement. We reserve the right to amend these Terms of Service from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Site constitutes acceptance of these Terms of Service.

You may use the Site as a registered User only if you are at least of legal age of majority in your state of residence (18, except in AL and NE: (19), and MS: (21). No exceptions. If you do not fall within this category, you may be in breach of laws or regulations applicable and you should leave the Site immediately.

1. Site Rights – All rights in materials and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us and are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

2. Media Upload Rights – uploaded Clips, Screens and information provided by you and other Users are owned by the contributing party. All trademarks, service marks, and trade names are proprietary to applicable third-party licensors. You agree:

i. Not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of another User’s media accessed via this Site (“Material”).

TIP: Do not upload official trailers, marketing materials, gameplay clips, etc. by a fellow player, developer, publisher or company unless you were the active player – only upload Clips and Screens of your own gameplay or content you filmed/photographed.

ii. Game developers and publishers have different policies regarding the usage rights for their Material and you agree that you are permitted to use their Material only as set forth in and to the extent permitted by their terms and conditions AND these Terms of Service. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), Users may not upload, post, reproduce, or distribute in any way Material protected by copyright, or other proprietary right, without obtaining permission of the applicable owner. In addition to the foregoing, use of any software Material shall be governed by the software license agreement accompanying such software. 

TIP: Take a few seconds to check before you post - most companies are supportive of your rights as a player and customer as long as you’re not using music you don’t have the rights to, reverse engineering or modifying original code, and/or using trademarks inappropriately, etc. You can post clips with the in-game music as they were originally published, but you cannot post clips with alternate music. Doing so could be cause for removal of your clip.

iii. You agree to identify the appropriate game title associated with your media at the time of upload. We reserve the right to remove your media and/or your account for improperly associating your media with incorrect game titles, information, or meta-data.

TIP: People make mistakes, but outside of an incorrect sequel or Special Edition association the gaming community recognizes that if you took the time to share an amazing moment and upload it you have a pretty good idea of what game you were playing – more efficient titles, descriptions and tags benefit all Users, including you.

3. Submitted Media & Spotlight Rights – Uploaded Clips, Screens and information provided by you and other Users can be entered into Contests sponsored by third parties. Our rules regarding Contests are set forth in our Official Rules located here; www.pwnit.com/rules. When you make a submission of your content (“Submitted Content”) to “Ladders,” that Submitted Content must adhere to our Rules.  At the time of submission you are granting Pwnit! the right to revoke your ability to delete your Submitted Content associated with these Contests for the duration of that Contest and Pwnit! and the sponsoring party the right to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, or create derivative works of the Submitted Content.

Similarly, in connection with a Contest, certain third party partners of Pwnit!, such as Developers, Publishers, and Brands have the ability to showcase your Submitted Content (“Spotlight”) User’s media on their profiles. Accordingly, when you opt-in to a Spotlight you grant Pwnit! permission to revoke your ability to delete your associated Spotlight Content and Pwnit! and the sponsoring party the right to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, or create derivative works of the Spotlight Content.

TIP: When you submit a Clip to a Ladder it is your entry in a promotional Contest. Other Users, fellow Competitors and Spectators alike, aka the “community-at-large” deserve a consistent, balanced experience – you can delete content from your profile at any time, but once you submit and opt-in to Ladders and/or Spotlights, you’re providing a license to the Submitted Content.  You cannot remove your Submitted Content.

4. Intellectual Property Rights – Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained in the framework of the Site.

Media appearing on the Site, including Clips, Screens, associated graphics, text, designs, logos, images, and icons, as well as their selection, assembly, and arrangement, are the property of other Users as suppliers and/or licensors, and are protected by U.S. and international copyright laws.

Except as provided in these Terms of Service, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms of Service, any use or reproduction of the Intellectual Property of Pwnit! or its Users is strictly prohibited.

5. Third-Party Materials – Neither Pwnit! nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, or any other User of the Site, guarantees the accuracy, completeness, or usefulness of any Materials, nor its merchantability or fitness for any particular purpose. In many instances, the Materials available through the Site represents the opinions and judgments of Users not under contract with Site. Pwnit! neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Pwnit! employee. Under no circumstances shall Pwnit!, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Site or through communications with its employees. It is the responsibility of User to evaluate the information, opinion, advice, or other Materials available through the Site.

6. Terms of Use and Acceptable Usage Policy Relating To Public Forums

The Site may contain interactive services, including but not limited to commenting and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 7 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor, or exercise control over, Postings on any Public Forums. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.

The following examples constitute misuse of the Site:

using the Site for any improper, unlawful, or immoral purpose,

causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardized or impaired;

using the Site to create, host, or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offense to others on grounds of race, religion, creed, or sex;

using the Site to harm or attempt to harm minors in any way;

inviting minors to Register on the Site

using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offense or give rise to civil liability;

using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;

using the Site to create, host, or transmit unsolicited advertising material to other users;

using the Site to create, host, or transmit any material that harasses another;

using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;

adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;

using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;

using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;

using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;

reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name or third party identity that you are not authorized to use;

This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. 

Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. (How is this possible if we you are entering a Ladder) We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information and/or that infringes upon any copyrights, trademarks or other intellectual property rights of any third parties. We shall not be liable for the use or misuse of any information or data, including personal information that you post on our Public Forums.

You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

7. Interfacing Sites – You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Terms of Service or the applicable terms of use on the Interfacing Site.

To utilize some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Site.

In addition to these Terms of Service, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Site.

8. Materials submitted by you – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any Submitted Content or Postings may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in Submitted Content or Postings have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUBMITTED CONTENT OR POSTINGS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.

9. Accounts and Security - We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are at least of the legal age of majority in your state of residence. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

10. NO WARRANTIES – THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.

11. THIRD PARTY GOODS AND SERVICES – WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES, AND OTHER ORGANIZATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

12. Your responsibility – You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and any uses we may make of such information.

13. NO LIABILITY – TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($10.00).

14. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Statement. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

15. Indemnity – You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Terms of Service, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

16. Restriction, Suspension and Termination – We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms of Service. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms of Service. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms of Service.

17. Entire Agreement – These Terms of Service, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms of Service shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms of Service to any third party or parties at any time.

16. Copyright and IP Agent – We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1.) Your address, telephone number, and email address;

2.) A description of the copyrighted work that you claim has been infringed;

3.) A description of the alleged infringing activity and where the alleged infringing material is located;

4.) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

5.) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

6.) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
ATTN: Copyright
EMAIL:
concierge [at] pwnit.com
ADDRESS:
Pwnit!, Inc.
P.O. Box 291753
Los Angeles, CA 90029

We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.

18. Export Controls - To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders.

19. Law and Jurisdiction – These Terms of Service, including the Privacy Statement and any matter relating to the Site, shall be governed by California law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Service that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California.