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Guidelines

These Terms of Use ("Terms") govern your use of, purchase of, or subscription to Hostile Takeover.co ("Hostile Takeover") websites, software, products or services (collectively, the "Services").  

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, PURCHASING OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE ANY PART OF THE SERVICES.

By using the Services you consent to the collection, use and disclosure of your information as described in Hostile Takeover's Privacy Policy. Additional terms may apply to contests, promotions or other Hostile Takeover events or activities that you may choose to participate in.

License to Use the Services

Conditioned upon your acceptance of these Terms, Hostile Takeover authorizes you to use the Services for your personal, non-commercial use.  Any use of the Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under the law.  Hostile Takeover shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability and equipment needed for access or use.

Your Conduct and Responsibilities

You are responsible for protecting the confidentiality of your password(s), if any, and shall be fully responsible for the use of the Services by any other person you permit to access the Services.
You agree to use the Services for non-commercial, lawful purposes only and shall not post or transmit through the Services any material which:
violates or infringes in any way upon the rights of others
is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or rule
without Hostile Takeover's express prior approval, contains advertising or any solicitation with respect to products or services. 
Any conduct by you that, in Hostile Takeover's sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to:
propagation of computer worms, viruses and other such malicious code,
using (directly or indirectly) the Services to make unauthorized entry to any other machine accessible through the Services, and
use of the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Services to become users of other on-line services. Without limiting any other rights or remedies of Hostile Takeover, violations of the foregoing may result in removal of any prohibited communications and/or termination of your access to the Services.

You shall not upload, post, submit or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Services, or otherwise submitting materials to Hostile Takeover, you automatically grant, or warrant that the owner of such material has expressly granted Hostile Takeover the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sublicense such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use.
By appearing and participating in any Hostile Takeover competition, you grant Hostile Takeover and its assignees and licensees right to review and make public any and all game play, film, photograph and record your name, nickname, pseudonym, persona, picture, biographical material, voice and/or likeness and to use and distribute the same in any manner or media whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised anywhere in the universe at anytime in perpetuity, for any lawful purpose whatsoever, including advertising, publicity or trade.


Intellectual Property and Proprietary Rights

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Services will be permitted without the express permission of Hostile Takeover and the copyright owner.  You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.

Hostile Takeover VIP, and other Hostile Takeover graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as "Hostile Takeover Marks") are the exclusive property of Hostile Takeover.co All rights reserved. Hostile Takeover Marks and trade dress may not be used, including as part of trademarks or domain names, in connections with any product of service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of Hostile Takeover.

Changes to these Terms


Hostile Takeover may from time to time to change or modify these Terms of Use or impose new conditions, including, but not limited to, adding fees and charges for use. All such changes, modifications, additions or deletions shall be effective immediately upon posting notice on the Services. You acknowledge and agree that any use of the Services by you after such notice constitutes your acceptance to the modified Terms.

Disclaimer of Warranties


THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  

ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED OR SUBSCRIBED TO THROUGH THE SERVICES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY Hostile Takeover. Hostile Takeover ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR SUBSCRIBED TO THROUGH THE SERVICES. 

PRODUCTS AND SERVICES PURCHASED OR SUBSCRIBED TO ARE PROVIDED OR SOLD "AS-IS" AND Hostile Takeover DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Hostile Takeover CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. Hostile Takeover DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

NEITHER Hostile Takeover, Hostile Takeover AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "Hostile Takeover PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability


Hostile Takeover ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK.  EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Hostile Takeover OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE, SUBSCRIPTION OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF HOSTILE TAKEOVER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTILE TAKEOVER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO Hostile Takeover FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO Hostile Takeover FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Hostile Takeover, REGARDLESS OF THE CAUSE OF ACTION.


Monitoring


Hostile Takeover shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Hostile Takeover and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Hostile Takeover shall have the right to remove any material that Hostile Takeover, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification


You agree to defend, indemnify and hold harmless Hostile Takeover, Hostile Takeover affiliated companies and their respective directors, officers, employees, agents, assignees and licensees from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of these Terms of Use or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on the Services by you; and (iii) violation by you of any applicable law, rule or regulation.

Termination


You may unsubscribe through cancelling payment through your payment provider. Without limiting the foregoing, Hostile Takeover shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Hostile Takeover, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

Third Party Content


Hostile Takeover is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, Hostile Takeover has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services are those of the respective author(s) or distributor(s) and not of Hostile Takeover. Neither Hostile Takeover nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 3 and 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.

In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or users not under contract with Hostile Takeover. Hostile Takeover neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services. Under no circumstances will Hostile Takeover be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.

Purchase Qualifications 

To purchase a product or subscription related to the Services, you must comply with these Terms of Use. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Hostile Takeover sells its products only to those users who can legally make purchases using one of the accepted payment methods. If you are under 18, you may make purchases on Hostile Takeover only with the involvement of a parent or guardian. Hostile Takeover reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.


Payment Method and Terms

We accept payments made through PayPal in connection with the purchase of any merchandise or subscription through the Services. By submitting an order through Hostile Takeover, you authorize Hostile Takeover, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars..

Taxes


These fees are not determined by and cannot be modified by Hostile Takeover and no advance estimate can be provided. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Hostile Takeover reserves the right to collect such taxes or other fees from you at any time.


Refunds and Returns

There are no returns or cancellations for any intangible property or services purchased from Hostile Takeover, including without limitation paid subscriptions. All sales are final, non-cancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Hostile Takeover in its sole discretion. In the event a user is banned from use of the server for breaching any of the server rules, including the use of scripts, hacks, or cheats, no refunds will be issued.

Miscellaneous


These Terms of Use (which hereby incorporate by reference any other provisions applicable to use of the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Services and any operating rules for the Services established by Hostile Takeover) constitutes the entire agreement of the parties with respect to the subject matter. The provisions of these Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the intentions of the original provision. These Terms of Use shall be construed in accordance with and governed by the applicable laws of the State of New York and applicable United States federal law. Exclusive venue for all litigation regarding these Terms shall be in Nassau County, New York. You agree that any portion of these Terms found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

Last Updated: November 15, 2016
 



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