SPIELERZ.COM

TERMS AND CONDITIONS OF USE

Please read the following terms and conditions relating to your use of this Website and services. These terms outline our expectations for acceptable conduct and use of our website and services. Further, these terms govern important rights including, but not limited to, your use of the Website's Forum, fees, our ability to remove your postings or restrict your use, security measures, community standards and conduct guidelines, disputes, liability, and proprietary rights in content.

Spielerz.com is an online service that allows its users to set up unique personal profiles that can be used to facilitate meeting others with like interests in interactive peer-to-peer games, including, but not limited to, board games, role playing games, dice games, collectible card games, and other interactive entertainment media. By using the Spielerz.com website (the Website), you agree to these Terms and Conditions of Use ("Terms & Conditions"). This Website is hosted in the United States.

This Terms and Conditions of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a visitor (which means that you simply browse the Website), or you are a registered user (which means that you have registered with Spielerz.com). The term "Community User" refers to both such visitors and registered users. You are only authorized to use the Website, regardless of whether your access or use is intended, if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of all of its services immediately. If you wish to become a Community User, communicate with other Community Users and make use of the services available on the Website, you must read this Agreement and indicate your acceptance during the registration process.

Spielerz.com reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using the Website after Spielerz.com posts any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use the Website and, if applicable, not purchase any services available through the Website. Unless Spielerz.com indicates otherwise, these Terms & Conditions apply to your use of the Website. By using the Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, Spielerz.com reserves the right, if applicable, to terminate your password, Community User account, and/or access to the Website, or any part thereof. In its sole discretion and without prior notice or liability, Spielerz.com may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any Community User's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. Further, you agree that Spielerz.com shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Website.

From time to time, Spielerz.com may supplement these Terms & Conditions with additional terms and conditions pertaining to specific text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content"), activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific Content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.


Eligibility
Use of the Website is void where prohibited. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the services available through the Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if Spielerz.com believes that you are under 18 years of age.


Becoming a Community User
You must register in accordance with instructions that you will find on the Website to participate in and to contribute to, any Forum of the Website. A "Forum" means any Chat room, Message Board, bulletin board, or similar activity where you and other users of the Website can communicate. If you elect to become a Community User of the Website, you agree to provide Spielerz.com with true, accurate and complete information about yourself ("Community User Data"), and to maintain and promptly update the Community User Data to keep it accurate. You also consent to your Community User Data being used in accordance with the Website's Privacy Policy. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or Spielerz.com has reasonable grounds to suspect that such is the case, Spielerz.com reserves the right to suspend or terminate your Community User account and refuse any and all current or future use of the Website, or any portion thereof. You agree not to assign, transfer or sublicense your rights as a Community User of the Website.


Security measures
Spielerz.com understands the value of security and has implemented security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use and disclosure, unauthorized destruction or accidental loss.

All Community User Data are stored on a secure server. Spielerz.com cannot guarantee the effectiveness of such measures and exclude liability in the event of loss of data. The information contained in the Website is not comprehensive. Despite its efforts, Spielerz.com may not be accurate, up to date or applicable to the circumstances of any particular case. Spielerz.com cannot accept any liability for any inaccuracies or omissions in the Website and any decisions you make based on information contained in the Website are your sole responsibility. Neither Spielerz.com nor any of its affiliates accepts liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of the Website or any information contained in it. The hardware and software security is in line with general standards in the industry. Spielerz.com takes and maintains all practicable security procedures to prevent hacking or other external access, or any unauthorized internal access, to any Community User Data.


Restrictions on Use of Materials
Unless otherwise specified, Spielerz.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions and include the Spielerz.com website address and logo on any correspondence.


Term
This Agreement shall remain in full force and effect while you use the Website or are a Community User. You may terminate your membership at any time, for any reason, by following the instructions on the Community User's Account Settings page. Spielerz.com may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect.


Fees
You acknowledge that Spielerz.com reserves the right to charge for the services available through the Website and to change its fees from time to time in its discretion. If Spielerz.com terminates your membership because you have breached the agreement, you shall not be entitled to the refund of any unused portion of subscription fees.


Your Password and Community User Account
You are entirely responsible for maintaining the confidentiality of your password and Community User Data. You must notify Spielerz.com immediately in the event of any known or suspected unauthorized use of your Community User account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your Community User account. You agree to immediately notify Spielerz.com of any unauthorized use of your Community User account or any other breach of security known to you.


Privacy and Security
Spielerz.com is committed to protecting your privacy and security. All personal data that Spielerz.com collects from you will be processed in accordance with its Privacy Policy. You should review the Website's Privacy Policy, which is incorporated into these Terms & Conditions by this reference, and you confirm that when using the Website, you consent to your personal data being used and processed in accordance with the Website's Privacy Policy.


Community Standards and Conduct Guidelines
You acknowledge that you are entirely responsible for all postings that you post, email or otherwise transmit to the Website. Spielerz.com does not control the postings posted, emailed or otherwise transmitted on the Website by others and, as such, it does not guarantee the accuracy, integrity or quality of such postings. Although Spielerz.com has adopted community standards and conduct guidelines for the users of the Website, you understand that by using the Website, you may be exposed to postings that are offensive or objectionable. Under no circumstances will Spielerz.com be liable in any way for any postings, other than for Content developed by it, including, but not limited to, for any errors or omissions in any postings, or for any loss or damage of any kind incurred as a result of the use of any postings posted, emailed or otherwise transmitted to or through the Website.

You agree not to use the Website, including any Forums, to:

1. Upload, post, email or otherwise transmit any posting or other material that is, based on Spielerz.com's sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way; Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Spielerz.com, its affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Spielerz.com, its affiliates or any other person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through the Website;
4. Upload, post, email or otherwise transmit any postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships;
5. Upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
6. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
7. Upload, post, email or otherwise transmit any postings or other materials that contain 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;
8. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Community Users' ability to use any Forum;
9. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
11. "Stalk" or otherwise harass another Community User or employee of the Website; or
12. Collect or store Community User Data or attempt to collect or store personal data about other users of the Website.

Your privilege to use the Website, including the Forums, and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. Spielerz.com may revoke your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to its attention. Further, if you fail to adhere to its community standards and conduct guidelines, Spielerz.com may terminate, in its sole discretion, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, Chat and Message Board communications, are public and not private communications. Spielerz.com reserves the right to monitor some, all, or no areas of the Website, including any Forum, for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute postings in the Forums, Spielerz.com is acting as a passive conduit for such distribution and Spielerz.com is not undertaking any obligation or liability relating to any postings or activities in any Forum. Although Spielerz.com reserves the right to remove, without notice, any Forum posting for any reason, its has no obligation to delete postings that you may find objectionable or offensive.


Community User Disputes
You are solely responsible for your interactions with other Community Users.


Content Posted
Spielerz.com may delete the Content of any submission that in the sole judgment of Spielerz.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Spielerz.com assumes no responsibility for monitoring the Website for inappropriate Content posted by Community Users or conduct of Community Users. If at any time Spielerz.com chooses, in its sole discretion, to monitor the Website, Spielerz.com nonetheless assumes no responsibility for the Content posted by Community Users, no obligation to modify or remove any inappropriate Content posted by Community Users, and no responsibility for the conduct of the Community User submitting any such Content.

You are solely responsible for the Content that you post on or through the Website, and any material or information that you transmit to other Community Users and for your interactions with other Community Users. Spielerz.com does not endorse and has no control over the Content. Content posted by Community Users is not necessarily reviewed by Spielerz.com prior to posting and does not necessarily reflect the opinions or policies of Spielerz.com. Spielerz.com makes no warranties, express or implied, as to the Content posted by Community Users or to the accuracy and reliability of the Content posted by Community Users or any material or information that you transmit to other Community Users.


Proprietary Rights in Content on Spielerz.com
Spielerz.com does not claim any ownership rights in Content that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Website, you hereby grant to Spielerz.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Website.

Without this license, Spielerz.com would be unable to provide the services available on the Website. For example, without the right to modify Content posted by Community Users, Spielerz.com would not be able to format Content to satisfy technical requirements. The license you grant to Spielerz.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Spielerz.com), fully-paid and royalty-free (meaning that Spierlerz.com is not required to pay you for the use on the Website of the Content that you post), sublicensable (so that Spielerz.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Website), and worldwide (because the Internet and the Website are global in reach). This license will terminate at the time you remove your Content from the Website. The license does not grant Spielerz.com the right to sell your Content, nor does the license grant Spielerz.com the right to distribute your Content outside of the Website.

1. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees,and any other monies owing any person by reason of any Content posted by you to or through the Website.
2. The Website contains Content of Spielerz.com ("Spielerz Content"). Spielerz.com Content is protected by copyright,trademark, patent, trade secret and other laws, and Spielerz.com owns and retains all rights in the Spielerz.com Content and the Website. Spielerz.com hereby grants you a limited, revocable,nonsublicensable license to reproduce and display the Spielerz.com Content, excluding any software code solely for your personal use in connection with viewing and using the Website.
3. The Website contains Content of its Community Users and other Spielerz.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Spielerz.com to terminate membership privileges of any Community User who repeatedly infringes the copyright rights of others upon receipt of proper notification to Spielerz.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Spielerz.com's copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. To notify Spielerz.com's copyright agent of claims of copyright infringement, send written notice to: Copyright Agent, Spielerz at 1483 Sanzon Drive, Fairbon, Ohio, 45324 or to copyrightagent@spielerz.com.


Non-commercial Use by Community Users
The Website is provided for the personal use of Community Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Spielerz.com. Illegal and/or unauthorized use of the Website's contents, including collecting usernames and/or email addresses of Community Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Community Users' profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.

These Terms & Conditions apply only to the Website, and not to the websites of any other person or entity. Spielerz.com may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that Spielerz.com 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 websites or resources. You further acknowledge and agree that, under no circumstances, will Spielerz.com be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website, regardless of whether the Website directly or indirectly links to such content, advertisements, products or other resources. You should direct any concerns with respect to any other website to info@spielerz.com.


Third Party Products and Services
In the future, you may order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. Spielerz.com makes no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider Spielerz.com, and Spielerz.com will not be construed as, a party to such transactions, whether or not Spielerz.com may have received some form of revenue or other remuneration in connection with such transactions, and Spielerz.com will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.


Disclaimers of Warranties
Spielerz.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with of services available on the Website, whether caused by Community Users or by any of the equipment or programming associated with or utilized by the Website. Profiles created and posted by Community Users on the Website may contain links to other websites. Spielerz.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Spielerz.com. Inclusion of any linked website does not imply approval or endorsement of the linked website by Spielerz.com. When you access these third-party sites, you do so at your own risk. Spielerz.com takes no responsibility for third party advertisements which are posted on the Website or through the services available on the Website, nor does it take any responsibility for the goods or services provided by its advertisers. Spielerz.com is not responsible for the conduct, whether online or offline, of any Community User of the Website.

Spielerz.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Community User communication or Community User Data. Spielerz.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on its Website or combination thereof, including any injury or damage to Community Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website. Neither Spielerz.com, any of its affiliates, nor any of its or their respective licensors, licensees, service providers or suppliers warrant that the Website or any function contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of the Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material

Under no circumstances shall Spielerz.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, attendance at an event in connection with Spielerz.com, from any Content posted on or through the Website, or from the conduct of any Community Users of the Website, whether online or offline.

The products, offerings, content and materials on the Website are provided "as is" and without warranties of any kind, either express or implied. Spielerz.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither Spielerz.com, any of its affiliates, nor any of its or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from your use of the Website shall create any warranty not expressly provided for in these terms & conditions.

These disclaimers apply to the fullest extent permitted by law.


Indemnification
You agree to indemnify, hold harmless and, at its option, defend Spielerz.com and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs, including, but not limited to, reasonable attorneys fees and expenses, arising from your improper use of the Website or its products or offerings or any products or offerings of third parties associated through the Website, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other Community User of your account or your Community User Data, of any intellectual property or other right of any person or entity.


Governing Law and Choice of Forum
If there is any dispute about or involving Spielerz.com, you agree that the dispute shall be governed by the laws of the Commonwealth of Virginia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Virginia, County of Montgomery. Either Spielerz.com or you may demand that any dispute between Spielerz.com and you about or involving Spielerz.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Blacksburg, Virginia, USA, provided that the foregoing shall not prevent Spielerz.com from seeking injunctive relief in a court of competent jurisdiction.


Complaints procedure
If you have a complaint regarding the Website's services please email info@Speilerz.com. Spielerz.com will provide acknowledgment of the complaint within twenty working days by e-mail.


Miscellaneous Terms
In any action against Spielerz.com arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the Website's Privacy Policy and the product purchases, if applicable, are the entire agreement between you and Spielerz.com relating to the subject matter herein. These Terms & Conditions may be modified only by Spielerz.com's posting of changes to these Terms & Conditions on the Website, or by written agreement of both parties. Each time you access the Website, you will be deemed to have accepted any such changes.

Spielerz.com may assign its rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of its successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Both parties agree that these Terms & Conditions are intended to be legally binding.

This Website is operated by Speilerz.com, a Virginia corporation.
2000 Kraft Drive Ste 1000
Blacksburg, VA 24060

If you have any questions or concerns, you may contact Spielerz.com by email at legal@spielerz.com or by post at the aforesaid address.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

BY CLICKING THE "I AGREE " BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS Terms and Conditions of Use AGREEMENT REGARDING USE OF THE WEBSITE, AND YOU SIGNIFY YOUR ACCEPTANCE OF THIS Terms and Conditions of Use AGREEMENT AND OF SPIELERZ.COM'S PROCESSING YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHOULD NOT USE THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THE Terms and Conditions of Use WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

(Last modified as of January 20, 2007)