Overview
Please read this document carefully1. Acceptance – The Use Of Sixara.com
Your access to and use of Sixara.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. CREDIT CARD DETAILS
Sixara.com will never ask for your credit card details and we advise our customers to not enter their credit cards details on the Sixara.com “The Website” or by submitting such details in any other form.
3. LEGAL ADVICE
The contents of Sixara.com “The Website” do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4. CHANGE OF USE
SixaraTM Gaming reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SixaraTM Gaming shall not be liable to you for any such change or removal.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5. LINKS TO THIRD PARTY WEBSITES
Sixara.com “The Website” may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6. TRADEMARKS & COPYRIGHT
6.1 All copyright, trademarks, and all other intellectual property rights in Sixara.com “The Website” and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Sixara.com “The Website”) are owned by or licensed to SixaraTM Gaming or otherwise used by SixaraTM Gaming as permitted by law.
6.2 In accessing Sixara.com “The Website” you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6.3 All other photos, documents, and multimedia are copyright to their respective owners.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 Sixara.com “The Website” is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
8.2 To the extent permitted by law, SixaraTM Gaming will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 SixaraTM Gaming makes no warranty that the functionality of Sixara.com “The Website” will be uninterrupted or error-free, that defects will be corrected or that Sixara.com “The Website” or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of SixaraTM Gaming for death or personal injury as a result of the negligence of SixaraTM Gaming or that of its employees or agents.
9. INDEMNITY
You agree to indemnify and hold SixaraTM Gaming and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against SixaraTM Gaming arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of Sixara.com “The Website””.
10. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee in the United States of America. You hereby submit to the exclusive jurisdiction of the courts in the State of Tennessee.
13. GUARANTEE
UNLESS OTHERWISE EXPRESSED, SixaraTM Gaming EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. PRIVACY
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
15. Permitted and Prohibited Uses
You may use the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. Luxmicro, LLC shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and SixaraTM Gaming reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
SixaraTM Gaming will note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. SixaraTM Gaming reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and SixaraTM Gaming will fully cooperate with any authorities investigating violations of these laws.
Wherein, you understand that:
A. In order to access our services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
B. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
C. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
D. Is illegal, threatening, defamatory, anti-religious, homophobic, abusive, sexist, harassing, degrading, sexual, pornographic, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any SixaraTM Gaming employees or representatives.
Iiiii. Has links that redirect to another website
Iiiiii. Is a free service domain name such as blogger, Tumblr,
Blogspot, etc. (We do not accept free service domain names and they
will not be approved)
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of SixaraTM Gaming , and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our services.
(No we will not sell your information, harvest your emails and etc. We are not about that process.) 😉
16. User Discussion Lists and Forums
SixaraTM Gaming may, but is not obligated to, monitor or review any areas on Sixara.com “The Website” where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. SixaraTM Gaming , however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. SixaraTM Gaming may edit or remove content on Sixara.com “The Website” at their discretion at any time.
17. Digital Millennium Copyright Act
It is SixaraTM Gaming’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the ” DMCA “). If you believe that anything in the Sixara.com Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Jason Randle
E-mail Address: info@sixara.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
18. Use of Sixara.com by Minors
Sixara.com “The Website” is not available to anyone under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use Sixara.com or any other SixaraTM Gaming Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SIXARA.COM SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE.
19. Game Promotion and Giveaways
Sixara.com “The Website” uses services provided AS-IS by Twitch.TV, as well services such as Youtube.com to broadcast gaming content. There will be a random promotion by Sixara.com “The Website” to giveaway one game using the Steam gaming platform. It should be understood that in regards to Twitch.tv giveaways, That this is a promotion from Gamertag “Sixara™ or Sixara”. Twitch.tv does not sponsor or endorse broadcaster promotions and is not responsible for them.
To participate in the Twitch or (possible Google stream) raffle then you must meet the following criteria:
- You must be 18 years old or older.
- You must reside in the United States of America
– Furthermore, SixaraTM Gaming OR Sixara.com:
i. Is not responsible for holding a prize for the winner.
ii. The winner of the promotion must claim their prize within 48 hours or they agree to forfeit the prize.
iii. Does not offer a warranty of any kind for any promotion. (See section 13)
iiii. Is not obligated to offer a prize at any time unless we decide.
iiiii.Reserves the right to remove any promotion at any time.
iiiiii.Is not responsible for any damage caused by the downloading, installation or use of a prize.
20. Game Promotion and Giveaways – Non-Stream games
No Purchase Necessary to Enter or Win.
Sixara.com “The Website”will offer at random, games that are not given away during a live broadcast or “Stream”. These are games that are given away by Sixara.com “The Website” or SixaraTM only. All rules from section 19 of this document apply except you do not have to be a US citizen.
To participate in a non-stream game giveaway you must:
- Be 18 years old or older.
- Must not have won a game from sixara.com in the last 30 days.
Furthermore, SixaraTM Gaming OR Sixara.com:
i. Is not responsible for holding a prize for the winner.
ii. The winner of the promotion must claim their prize within 48 hours or they agree to forfeit the prize.
iii. Does not offer a warranty of any kind for any promotion. (See section 13)
iiii. Is not obligated to offer a prize at any time unless we decide.
iiiii.Reserves the right to remove any promotion at any time.
iiiiii.Is not responsible for any damage caused by the downloading, installation or use of a prize.
21. Voiceovers
You may not use or reproduce any voiceover tracks, clips, recordings and etc created by Jason Randle aka SixaraTM without explicit permission.
Contacting us
If you have any questions about this Terms of Service document, the practices of this site, or your dealings with this site, please contact us at:
SixaraTM Gaming
info@sixara.com
This document was last updated on 9/24/2020