Terms of Use


PWNED.COM TERMS OF USE - EFFECTIVE NOVEMBER 1, 2007.

Welcome to pwned.com, the next generation social networking site where members can stay in touch with their friends, meet new people and hang out ('PWNED Service'). pwned.com is operated by PWNED LLC ('PWNED') and may be accessed through the Internet and through WAP services provided by certain mobile network providers. By using the PWNED Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'


Changes to pwned.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE PWNED SERVICE. YOUR CONTINUED USE OF THE PWNED SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Eligibility and Registration
You must be 13 years or older to use the PWNED Service. By registering for the PWNED Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a pwned.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content
The PWNED Service is made available for your personal, non-commercial use only. You may not use the PWNED Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the pwned.com Service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does PWNED have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the PWNED Service.

CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the PWNED Service. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.

• When you are exploiting the pwned points system, you pwned points will be automatically reset to the amount of points you signed up with, and your account may be deleted.

• One points are redeemed for prizes, how you aquired the points will be checked to see if they are legitimate, if they are not, you will not be able to redeem your PWNED Points prize. If the points are illegitimate, the appropriate actions will take place; Points will automatically be set back to the number when you registered and your account may be deleted.

• Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

• Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members

• Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.

• Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by pwned.com

• Create a false or misleading identity of, including, but not limited to, a PWNED employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.

• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

• Use the pwned.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.

• You will not cover up ads by use of css or any other type of method by editing your user profile in any way, shape, or form.

• Attempt to gain unauthorized access to the PWNED Service, other accounts, computer systems or networks connected to the PWNED Service, through password mining or any other means.

• Modify, adapt, translate, or reverse engineer any portion of the PWNED Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the pwned.com Service.

• Reformat or frame any portion of the web pages that are part of the pwned.com Service.

• Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.

• Remove any copyright, trademark or other proprietary rights notices contained in or on the PWNED Service.

• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

• Interfere with another Member's use and enjoyment of the PWNED Service.

• We reserve the right to ban users from any portion of the site for any reason.

• Harvest or collect email addresses or other contact information of Members, including usernames, from the pwned.com website by electronic or other means.

Proprietary Rights
PWNED does not claim any ownership rights in any Materials that you submit, post, or display on or through the PWNED Services or on the pwned.com Web site. After submitting, posting or displaying Materials on or through the PWNED Services or on the pwned.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the PWNED Service, you hereby grant to PWNED a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the PWNED Service.

Without this license, PWNED would be unable to provide the PWNED Service. For example, without the right to modify your Materials, PWNED would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, PWNED could not allow users and Members to listen to music posted by Members. The license you grant to PWNED is non-exclusive (meaning you are free to license your Materials to anyone else in addition to PWNED), fully-paid and royalty-free (meaning that PWNED is not required to pay you for the use on the PWNED Service of the Materials that you post), sub licensable (so that PWNED is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the PWNED Service), and worldwide (because the Internet and the PWNED Service are global in reach). This license will terminate at the time you remove your Materials from the PWNED Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the PWNED Service, PWNED reserves the right to remove all of your Materials from other Member's pages. The license does not grant PWNED the right to sell your Materials, nor does the license grant PWNED the right to distribute your Materials outside of the PWNED Service. You represent and warrant that: (i) you own the Materials posted by you on or through the PWNED Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the PWNED Service 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 Materials posted by you to or through the PWNED Service.

PWNED LLC and its affiliates and licensors own and retain all rights in the pwned.com Web site and PWNED Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the PWNED Service by pwned.com. Except as expressly authorized by pwned.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of pwned.com's proprietary information. 'PWNED' and 'pwned.com' and 'ffART' are trademarks of PWNED LLC

Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the pwned.com Privacy Policy.

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. PWNED respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; 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; 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.

Internet/WAP Access
PWNED shall not be responsible for any connection or access to the pwned.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the pwned.com website via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that PWNED shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the PWNED Service via WAP.

Termination of the PWNED Service
These Terms of Service will apply to your use of the PWNED Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account, send an email to contact@pwned.com. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the PWNED Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

PWNED may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the PWNED Service, or any part thereof, with or without notice. You agree that any termination of access to the PWNED Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that PWNED may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the PWNED Service. Where possible, PWNED will use reasonable efforts to give Members fair notice of termination or suspension of their access to the PWNED Service. Further you agree that PWNED shall not be liable to you or any third party for any termination or suspension of access to the PWNED Service or modification of the PWNED Service.

Disclaimer of Warranties
PWNED LLC and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('PWNED') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the PWNED Service.
PWNED further expressly disclaims (1) that the PWNED Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the PWNED Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the PWNED Service or the content made available as part of the PWNED Service will be correct, accurate, timely, or otherwise reliable.

PWNED expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the PWNED Service input by other Members is correct or accurate.

PWNED, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE PWNED SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PWNED SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. PWNED EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE PWNED SERVICE IS ENTIRELY AT YOUR OWN RISK.


Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at PWNED's request defend, PWNED, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the pwned.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, PWNED will provide you with written notice of such claim, suit or action.


Limitation of Liability
YOUR USE OF THE PWNED SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL PWNED, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PWNED SERVICE, WHETHER OR NOT PWNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PWNED SERVICE, FROM INABILITY TO USE THE PWNED SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PWNED SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE PWNED SERVICE OR ANY PART OF THE PWNED SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PWNED SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL PWNED BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF PWNED OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.

Notices
PWNED may provide you with notices regarding the pwned.com Service or these Terms of PWNED Service by regular mail, email, or postings to this Web site.


Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the PWNED Services.


Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of PWNED's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as PWNED.
Without limiting the foregoing, under no circumstances shall PWNED be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.


These Terms of Service constitute the entire agreement between you and PWNED with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.