Legal:TermsOfUse

TERMS OF USE AGREEMENT
By registering, you will open an account with Smashball Labs LLC (“Smashball”) in the United States. Your data will be stored in the United States and our handling of it is covered in our Privacy Policy (http://guide.smashball.tv/index.php/Legal:Privacy_Policy). By registering, you agree that Smashball may process your data in accordance with the Privacy Policy and that you will abide by the Terms of Use below.

PLEASE READ THE FOLLOWING TERMS AND THE SUPPLEMENTAL TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE OR WEBSITE FROM SMASHBALL YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. SORRY FOR THE LENGTH OF THIS BUT WE NEED TO STAY IN BUSINESS IN ORDER TO BRING YOU SMASHBALL AND OUR LAWYERS TELL US WE NEED TO MAKE SURE YOU UNDERSTAND YOUR LICENSE RIGHTS AND RESTRICTIONS IN MAKING USE OF OUR INTELLECTUAL PROPERTY.

This Terms of Use and all supplemental terms, as amended from time to time, governs your use of any online game, service, or web site ("Smashball Services") offered by Smashball or any its subsidiaries and affiliates (collectively, “Smashball”). Please read the Supplemental Terms that are contained in links at the top of this document. If you do not see links, you can find the supplemental terms at the end of this document. Supplemental Terms and Smashball’s Privacy Policy are an integral part of this Terms of Use and incorporated into this document by reference. You can find Smashball’s Privacy Policy at http://guide.smashball.tv/index.php/Legal:Privacy_Policy.

You agree to check http://guide.smashball.tv/index.php/Legal:Terms_of_Use periodically for new information and terms that govern your use of Smashball Services. Smashball may modify the Terms of Use at any time. Revisions to terms affecting existing Smashball Services shall be effective thirty (30) days after posting at http://guide.smashball.tv/index.php/Legal:Terms_of_Use. Terms for new Smashball Services are effective immediately upon posting at http://guide.smashball.tv/index.php/Legal:Terms_of_Use.

Special Notice to California Residents: Pursuant to Cal. Civil Code § 1789.3, please note that (a) Smashball is located at 7324 Layton St., Rancho Cucamonga, CA  91730, (b) The fees and charges for certain Smashball Services vary depending on the services selected by you, and (c) If you have a complaint regarding Smashball Services or desire further information on use of Smashball Services, visit Smashball’s customer support web pages at http://guide.smashball.tv/index.php/Support. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254 or (800) 952-5210.

1.	Smashball Account
A Smashball Account (“Account”) may be required to access and use some Smashball Services and in some cases, separate accounts are required to participate in certain Smashball Services (e.g., forums, Smashball wiki). If you have questions about Account registration, please contact us by visiting http://guide.smashball.tv/index.php/Support.

To create a Smashball Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Smashball Service for which you are registering. Some Smashball Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona:


 * (i) Belonging to another person or with the intent to impersonate another person, including without limitation a "Game Master" or any other employee or agent of Smashball;


 * (ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;


 * (iii) Subject to the rights of any other person or entity without written authorization from that person or entity;


 * (iv) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;


 * (v) Referring to pop culture icons or personas (e.g. " "MikeTyson", "ParisHilton", "WonderWoman"); or


 * (vii) That otherwise violates the Terms of Use.

You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Use or is otherwise improper or illegal. You should not reveal your Account password to others. Smashball will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2.	Privacy and Data Collection
Your privacy is important to us. Please read Smashball’s Privacy Policy carefully for information relating to Smashball’s collection and use of personal information. You can find Smashball’s Privacy Policy at http://guide.smashball.tv/index.php/Legal:Privacy_Policy.

When you connect to Smashball Services, we may retrieve information from the computer used to log onto the Smashball Service. The information we collect may include information about the computer's hardware system and any data related to the computer's operation of Smashball Software (as defined in Section 11 below) or use of Smashball Services. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy at http://guide.smashball.tv/index.php/Legal:Privacy_Policy.

You understand, acknowledge and agree that your communications on Smashball Services are not private or confidential, and may be viewed and used by others accessing the Smashball Services.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SMASHBALL MAY MONITOR, RECORD (INCLUDING FOR COMMERCIAL PURPOSES), REVIEW, MODIFY AND/OR DISCLOSE YOUR GAME PLAY AND CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Smashball is under no obligation to monitor Chat, and you engage in Chat at your own risk.

3.	Content
"Content" on Smashball Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of Smashball Services. Smashball does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to Smashball Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Smashball Services.

Smashball reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in Smashball's sole and final discretion. To the maximum extent permitted by applicable law, Smashball does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your Content and may be held liable for Content that you post.

4.       Intellectual Property Rights
Content on Smashball Services is owned by Smashball or Smashball’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a Smashball Service unless you are expressly authorized to do so. All rights and title in and to the Smashball Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Smashball Software (as defined in Section 11 below), transcripts of in-game chat, character profile information, recordings of games played using the Smashball Software, and the Smashball Software and server software) are owned by Smashball or its licensors. The Smashball Services and Content are protected by United States and international laws, and may contain certain licensed materials in which Smashball's licensors may enforce their rights in the event of any violation of this Agreement.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may 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 Content. Smashball reserves all rights in Smashball-owned and licensed Content that are not expressly granted to you in this Terms of Use.

Making unauthorized copies of Content found on Smashball Services may result in the termination of your Smashball Account(s), prohibition on use of Smashball Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Smashball from any unauthorized or illegal conduct by you, or through the use of your Account, on Smashball Services.

5.       Contributing Third Party Content to Smashball Services
Smashball respects the intellectual property rights of others. You must have the legal right to upload Content to Smashball Services. You may not upload or post any Content on Smashball Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. Smashball may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of Smashball's or a third party’s intellectual property rights, Smashball may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as experience points, custom gear, custom voiceovers or other assets).

6.       Contributing Your Own Content to Smashball Services; License Grant to Smashball and Others
In exchange for Smashball enabling your contribution of Content, when you contribute Content to a Smashball Service, you expressly grant to Smashball a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Smashball all licenses, consents and clearances to enable Smashball to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.

If the Smashball Service on which you contribute Content permits other users to access and use that contributed Content as part of the Smashball Service, than you also grant all other users of the relevant Smashball Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Smashball Service without further notice, attribution or compensation to you.

7. Paid Services
Some Smashball Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services visit http://guide.smashball.tv/index.php/Support.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Smashball reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a Smashball Service, Smashball will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Smashball Service. You are responsible for reviewing the Smashball Service to obtain timely notice of such changes. Your continued use of the Smashball Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Smashball will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Smashball Services is subject to use or sales tax, then Smashball may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit http://guide.smashball.tv/index.php/Support.

A. Payment Options. You may pay fees using the methods available for the particular Smashball Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Smashball Service. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that Smashball is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription. Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit http://guide.smashball.tv/index.php/Support. When you provide credit card or other payment information to Smashball, you represent to Smashball that you are the authorized user of the credit card or other payment method. You agree to promptly notify Smashball of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify Smashball if your credit card expires or is canceled for any reason.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

B. Trial Subscriptions. For some Smashball Services, Smashball may offer a free trial subscription. If you accept a free trial subscription, Smashball will begin to bill your Account for that Smashball Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Smashball Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.

C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Smashball. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

8.    Termination of Smashball Services and Accounts
Smashball may terminate any Smashball Service at any time by giving you notice of such termination within the time period specified when you joined the particular Smashball Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Smashball Service.

Smashball may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Use, illegal or improper use of your Account, or illegal or improper use of Smashball Services, products, or Smashball's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, Smashball may terminate all of your Accounts and all related entitlements. Smashball may issue you a warning, or Smashball may immediately terminate any and all Accounts that you have established. You acknowledge that Smashball is not required to provide you notice before terminating your Account(s). If Smashball terminates your Account, you may not participate in a Smashball Service again without Smashball's express permission. To participate in a Smashball Service, contact http://guide.smashball.tv/index.php/Support Smashball reserves the right to refuse to keep Accounts for, and provide Smashball Services to, any individual. You may not allow individuals whose Accounts have been terminated by Smashball to use your Account.

If your Account, or a particular subscription for a Smashball Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Smashball Service (such as points, tokens or other digital items).

9.    Cancellation of your Account
You have the right to cancel your Account or a particular subscription to a Smashball Service at any time. If you do not agree to the terms in this Terms of Use, your sole remedy is to not use Smashball Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Smashball, including any dispute related to, or arising out of: (1) any term of this Terms of Use or Smashball’s enforcement or application of this Terms of Use; (2) the Content available through Smashball Services or any change in Content provided through Smashball Services; (3) your ability to access and/or use Smashball Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Smashball Services.

Contact Smashball's Customer Service Department at http://guide.smashball.tv/index.php/Support to cancel your Account. Smashball reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a Smashball Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Smashball Services must be settled before you establish a new Smashball Account.

10.      Rules of Conduct.
You may violate the Terms of Use if you:

Specific Smashball Services may also post additional rules that apply to your conduct on those services.
 * Post, transmit, promote, or distribute Content that is illegal.
 * Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
 * Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
 * Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
 * Impersonate another person (including celebrities), indicate falsely that you are a Smashball employee or a representative of Smashball, or attempt to mislead users by indicating that you represent Smashball or any of Smashball's partners or affiliates.
 * Attempt to get a password, account information, or other private information from anyone else on Smashball Services.
 * Upload any software or Content that you do not own or have permission to freely distribute.
 * Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
 * Upload files that contain a virus or corrupted data.
 * Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
 * Improperly use in-game support or complaint buttons or make false reports to Smashball staff.
 * Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications (including aimbots or hacks).
 * Modify any part of the Smashball that Smashball does not specifically authorize you to modify.
 * Post or communicate any player’s real-world personal information using a Smashball Service.
 * Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Smashball Service.
 * Use and communicate exploits to gain unfair advantage in a game.
 * Attempt to use Smashball Software (as defined in Section 11 below) on or through any service that is not controlled or authorized by Smashball.
 * Interfere with the ability of others to enjoy playing a Smashball Service or take actions that interfere with or materially increase the cost to provide a Smashball Service for the enjoyment of all its users.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Smashball Services. Smashball reserves the right to terminate your Account and to prevent your use of any and all Smashball Services if your Account is used to engage in illegal activity or to violate this Terms of Use.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Smashball using the “Help” or “Report Abuse” functions in the relevant Smashball Service.

11.      Software, Utilities and Tools
Smashball Services may require or allow you to download software, software updates or patches, or other utilities and tools from Smashball or its licensors onto your computer ("Smashball Software"). Smashball grants to you a non-exclusive, limited license to use Smashball Software solely for the purpose stated by Smashball at the time the Smashball Software is made available to you. If an End User License Agreement is provided with the Smashball Software, your use of the Smashball Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Smashball Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Smashball Software. You may not modify Smashball Software or use it in any way not expressly authorized in writing by Smashball. You understand that Smashball’s introduction of various technologies may not be consistent across all platforms and that the performance of Smashball Software and related Smashball Services may vary depending on your computer and other equipment.

Currently, to use the Smashball Service online, you need to have a valid license to a Source Engine game, such as Half-Life 2 or Portal or TeamFortress 2 (each of which are trademarks or registered trademarks of their respective owners).

From time to time, Smashball may provide you with updates or modifications to Smashball Software. You understand that certain updates and modifications may be required in order to continue using the Smashball Software and Smashball Services.

12. 	Export Control Laws
Smashball Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Smashball Software from Smashball, you warrant that you are not located in any country, or exporting Smashball Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Smashball Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Smashball Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

13. 	Updates to Smashball Services
IMPORTANT: SMASHBALL MAY FIND IT NECESSARY TO CREATE, UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF SMASHBALL SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. SMASHBALL RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

14. 	Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF SMASHBALL SERVICES, SMASHBALL SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. SMASHBALL SERVICES, SMASHBALL SOFTWARE, SMASHBALL’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SMASHBALL PROVIDES SMASHBALL SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SMASHBALL SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SMASHBALL WILL HAVE ADEQUATE CAPACITY FOR SMASHBALL SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SMASHBALL OR ITS LICENSORS IS TO STOP USING SMASHBALL SERVICES, AND TO CANCEL YOUR SMASHBALL ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT SMASHBALL, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON SMASHBALL SERVICES OR USE OF SMASHBALL SOFTWARE. IN NO CASE SHALL SMASHBALL OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "SMASHBALL AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SMASHBALL FOR SMASHBALL SERVICES. IN NO CASE SHALL SMASHBALL OR SMASHBALL AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SMASHBALL SERVICES, SMASHBALL SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SMASHBALL SERVICES OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SMASHBALL’S AND SMASHBALL AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SMASHBALL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH SMASHBALL AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Notwithstanding the foregoing, nothing contained in this Terms of Use limits Smashball’s liability to you for fraudulent misrepresentations, death or personal injury caused by Smashball’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

15. 	Indemnification
Upon Smashball's request, you agree to defend, indemnify and hold harmless Smashball and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your distribution of any Content on or through Smashball Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Smashball harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Smashball Services and for all of your communication and activity on Smashball Services, including any Content you contribute, and that you will indemnify and hold harmless Smashball, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Smashball Services, including any Content that you contribute.

Smashball reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Smashball in that matter. This Section shall survive termination of this Terms of Use.

16.	Links to Third-Party Sites
Smashball Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Smashball does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

17.	General Terms
a. Remedies. You agree that this Terms of Use is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Use. You also understand and agree that this Terms of Use, the Smashball Privacy Policy and the Supplemental Terms incorporated into this Terms of Use, including Smashball’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

b. Severability. If any part of this Terms of Use is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Smashball, and the remaining portions shall remain in full force and effect.

c. Waiver. The failure of Smashball to exercise or enforce any right or provision of this Terms of Use will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in a writing signed by Smashball.

d. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Use and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Smashball or relating in any way to your Account(s) or your use of Smashball Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Smashball or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Use and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Smashball, arising out of or relating in any way to your Account(s) or your use of Smashball Services resides in the federal and state courts within the jurisdiction of the United States District Court covering San Bernardino County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Smashball or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.

18. 	Entire Agreement
The Terms of Use (including the Smashball Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and Smashball relating to your rights and obligations in the use of Smashball Services. If there is any conflict between the Terms of Use and any other rules or instructions posted on a Smashball Service, Smashball shall resolve the conflict in its sole discretion.

Bookmark http://guide.smashball.tv/index.php/Legal:Terms_of_Use and visit this site regularly for updates to Smashball Terms of Use.

19.	Additional Terms and Conditions for Specific Smashball Services
Certain Smashball Services may require you to read and agree to terms and conditions that are specific to that Smashball Service. Your right to use that Smashball Service is subject to those specific terms and this Terms of Use. If there are any inconsistencies between the specific terms and these terms, Smashball will be the final and sole arbiter of any such inconsistencies.

20.	Beta Tests
In its sole discretion, Smashball may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to Smashball (and to Smashball only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a “Beta Test.” You may be asked to sign and return to Smashball a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you. Where applicable, your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, Smashball may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Smashball site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Smashball. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and, where requested not to do so, you will not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Smashball, and Smashball is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Smashball publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to Smashball all copies of the pre-release copy and confidential or proprietary information Smashball provided to you.

As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Smashball has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Smashball’s Terms of Use apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” OR BY USING THE GAME AND THE SERVICE I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.