Welcome to CAGCLAN.com, Headquarters of Combat Applications Group (CAG). Access to the CAG Web site and use of CAG forums and services (collectively, the “Service[s]”) are subject to these Terms of Service, as may be amended from time to time (the “TOS Agreement”).
The CAG Web site and forums are available and accessible by the general public, who may use the CAG Web site and its forums with or without registering to use it (the “User[s]”). Some Users may choose to register with the CAGCLAN.com by creating a CAG account with a password and User name (the “Registered User[s]”). All references to “Users” in this TOS Agreement shall be deemed to include Registered Users. All Users are subject to the terms of this TOS Agreement. In cases where the terms of this TOS Agreement may apply only to Registered Users, it shall so be stated.
Please read this TOS Agreement carefully. Your (“You” or “Your” shall refer to all Users) access and use of the CAG Web site will constitute Your acceptance of this TOS Agreement and create a legally binding and enforceable agreement between User and the CAG. In addition, You are subject to and are bound by all applicable laws and regulations and all other CAG terms, conditions, and policies as posted throughout the CAG Web site and as may be amended from time to time. The CAG's acceptance is expressly conditioned on You agreeing to this TOS Agreement, and this TOS Agreement becomes effective upon Your use of the CAG Web site. If You do not agree to be bound by this TOS Agreement, then immediately discontinue use of the CAG Web site.
Each time you use or cause access to this web site, either by logging in or just visiting, you agree to be bound by these Terms of Service and as amended from time to time. If such amendments (changes) are made to the (TOS), it shall be posted in the forums and it is your responsibility to read, understand, accept and abide by the new changes made.
2. The Service we provide
Our web site and services provided to you are solely for video game entertainment, social and networking. CAGCLAN.com is a Gaming Community that features the CAG Clan (Combat Applications Group) an online video game Clan (team, group of friends) that play together for a better online experience.
We offer forums for every day discussions of any and all topics ranging from every day activities to sports and entertainment. Our forums are not censored so caution should be taken when participating in forum discussions.
You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently.
The Owners and or Staff shall have no responsibility or liability for the loss of any information you submit due to timeliness, deletion by hack attempts or poor performance due to internet interruptions.
3. Your Responsibilities and Registration Obligations
In order to gain certain access only available to "Clan Members", you must register on our site, become a member of the Clan and agree to provide truthful information when requested and be at least the age of fourteen (14) or older. CAGCLAN.com complies with the COPPA laws and requires children under the age of 13 to get parental consent before they can post.
As a "Registered Member" you have exclusive access to our "Registered Members Only" forums and allows you to post new topics, polls and reply to other "Registered Member's" posts.
As a "Clan Member" of CAG you have extra access to "Clan Member" only forums and special areas of the website as well.
All "Clan Members" are required to visit the forums at least 3 times a week in order to be considered active and remain part of the Clan.
The CAGCLAN.com Staff may award "Dogg Tags" to all its Official Clan Members who are loyal and active on the website. These "Dogg Tags" signify loyalty to the Clan and will only be handed out every 3 months. These "Dogg Tags" are "NOT" gift and remain property of CAGCLAN.com.
"Clan Members" that quit or leave the Clan on bad terms must pay back the total amount of the "Dogg Taggs" plus shipping and handling or return them back to the CAG Staff.
By registering on CAGCLAN.com, You agree to pay back all expenses or return the "Dogg Tags" in the event that you quit or leave the Clan on bad terms. Failure to do so can lead to a civil lawsuit and You will be held liable for all court and filing fees.
By registering on this website, you are admitting to being over the age of 14 with parent permission to register. All minors "MUST" have parent permission before registering on this site.
When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here.
No information submitted by any "Registered Member" or "Clan Member" will be shared, sold, reused in lists, or be used for any other purpose other than to send out subscribed newsletters for informative purposes or address a member service concern.
"Clan Members" agree to always keep their profiles updated with current contact information in case the Staff needs to contact them.
You may from time to time receive emails or notifications about your account with detailed instructions and or reason for such emails.
- Google's use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
5. Registration and Password
You are responsible for maintaining the confidentiality of your password and shall be responsible for any misuse via your account and/or login whether authorized or unauthorized by you.
You agree to immediately notify us of any unauthorized use of your registration, user account or password. Failure to do so may lead to immediate removal and or permanent ban from this website without notice.
6. Your Conduct
You agree that all information, data of any kind, whether text, software, code, audio, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used.
You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, defamatory, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or hack programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) insinuate, hint or suggest any involvement with any terrorist organization of any kind, such as organized crime, military or political terrorists that would or could cause civil unrest within the Community;
(c) collect or harvest any data about other users and use it to harass, stalk or communicate with any registered member in a way that may cause stressful or any undesirable emotions;
(d) provide or use this web site, its forums and any Content or service in any commercial manner or in any manner that would involve harassment, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
7. Submission of Content on this Web Site
By providing any Content to our web site such as text, tutorials, reviews, previews, written articles, images, artwork;
(a) You agree to grant to us a perpetual worldwide, royalty-free, non-exclusive right and license to use, display, reproduce, modify, publish, archive, translate, and to create derivative projects such as tournaments, competitions and compilations, in whole or in part. Such agreement to the license will apply with respect to any form, media, technology known or later developed;
(b) You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) You acknowledge and agree that we shall have the right to remove and or block any access to any "CONTENT" you provide by uploading, or add by means of text into our forums or in articles you submit, but not obligation to remove it only at our sole discretion.
(d) You agree that legal rights of the content added to this site by You belongs to Site administration when they are submitted to the site unless it is clearly mentioned otherwise in the content that is submitted. You can not ask the submitted content to be removed or unpublished from the site later nor can You ask for the content ownership to be changed once the content has been submitted.
8. Third Party Services, Events and Clan Affiliations (Alliances)
Events and services of third parties such as other Clans, Alliances or Affiliations, Tournament and Competition websites may be advertised and/or made available on or through this web site and our forums.
Representations made regarding such events and services provided by third parties are governed by the policies and representations made by these third parties.
We shall not be liable for or be held responsible in any manner for any of your dealings or interactions with third parties, you do so at your own risk!
9. Indemnity and Legal exemption
You agree to indemnify and hold our allied clan's, staff, registered members and independent contractors and all related parties harmless from any claims or demands including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
You agree to indemnify and hold CAGCLAN.com and its servants harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User's Files, messages or use of any other feature or service in this site. This expressly includes:
- User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
- Any defamatory or unlawful material contained within User's messages, private messages, emails, attachments, images and files.
- Content submitted to the site by the user
- Other content in the site
- Communication with site administration
10. Disclaimer of warranties
A. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE CAGCLAN.com SERVICE AND ALL CONTENT IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. CAGCLAN.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER CAGCLAN.com NOR ITS AFFILIATES, LICENSORS, CONTRACTORS, OR AGENTS MAKE ANY WARRANTY THAT
(1) THE CAGCLAN.com SERVICE WILL MEET YOUR REQUIREMENTS;
(2) THE CAGCLAN.com SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CAGCLAN.com SERVICE WILL BE ACCURATE OR RELIABLE; OR
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CAGCLAN.com SERVICE WILL MEET YOUR EXPECTATIONS.
B. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. CAGCLAN.com IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR UPLOAD CONTENT.
C. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE CAGCLAN.com SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.
D. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CAGCLAN.com OR THROUGH OR FROM THE CAGCLAN.com SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS AGREEMENT.
11. Limitation of liability
A. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT WILL CAGCLAN.com, ITS ALLIES, AFFILIATES, AGENTS, OR PRIVATE CONTRACTORS BE LIABLE UNDER ANY THEORY OF LAW FOR;
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
(2) ANY LOSS OF PROFIT, GOOD WILL, OR OTHER INTANGIBLE ASSETS;
(3) THE INABILITY TO USE SERVICE;
(4) THE USE OF SERVICE;
(5) THE LOSS OF DATA; OR
(6) ANY OTHER MATTER RELATING TO THE CAGCLAN.com SERVICE.
B. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THE CAGCLAN.com SERVICE, INCLUDING YOUR ACCESS TO ANY DOCUMENTS OR CONTENT OBTAINED THROUGH THE CAGCLAN.com SERVICE, AND WAIVE ALL CLAIMS OR CAUSES OF ACTION AGAINST THE CAGCLAN.com ITS ALLIES, MEMBERS, ADMINISTRATORS, MODERATORS, MANAGERS, OFFICERS, AUTHORS, PUBLISHERS, EDITORS, AGENTS, CONTRACTORS, LICENSORS, VOLUNTEERS OR AFFILIATES.
You understand and agree without question that we shall not be liable for any loss of data whether caused directly or indirectly, incidental or even if we have been advised or warned of the possibility due to a hack or hack attempt, server overloads or otherwise, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights and the use of our rights and property requires our prior and written consent. This includes but is not limited to all copyrights, trademarks (registered or unregistered), patents, trade secrets and any other proprietary right that we may have in our website, forums and the services we provide.
CAGCLAN.com has full liberty to choose its members. We reserve our rights to accept or reject any member signups, remove or banish any member from the site, grant and revoke any privileges to members within the site without warning, prior notice or giving any reason and in anytime we find appropriate.
CAGCLAN.com is a private web site and visiting this website or being a member is a privilege, NOT a right.
CAGCLAN.com can at anytime stop or suspend its services without prior notice.
13. Notification of Copyright Infringement
If you believe that we have violated your property in any way that would be considered copyright infringement or your intellectual property rights, you may contact our Staff at firstname.lastname@example.org and we will respond within 48 hours.
Please note that You will be liable for damages (including costs and attorneys' fees), and there may be penalties imposed under the DMCA, if You materially misrepresent that a product or activity is infringing Your copyrights or if You file a false claim or counterclaim. Accordingly, if You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney.
14. Applicable Law
You agree that this Terms of Service and any dispute arising out of your use of this web site or our services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of laws principles.
By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
15.Statute of Limitations
You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
16. Affiliate Link
If we have an affiliation or alliance with your Clan or website, we will add your affiliate or alliance link on our website in our Allies or Sites of Interest Section. By submitting your link, service or clan description, you agree and accept this affiliate or alliance relationship.
You acknowledge that You are over the age of 14 with Parent approval, have read, understand, and agree to the TOS Agreement, and that this TOS Agreement has the same force and effect as a signed agreement.
18. Notification of Changes
From time to time, CAGCLAN.com may revise this TOS Agreement to keep it up to date with CAG's rules and services or other changes. For revisions to this TOS Agreement, Users shall periodically refer to "CAG's TOS" to become familiar with such changes. The date of update is intended to alert You to recent modifications. If You do not wish to accept such modifications, You may immediately cease using the CAGCLAN.com Service. Your access or use of the CAGCLAN.com Service subsequent to such an update signifies Your consent to be bound by such changes.
If you are under the age of 18 please have your parents read this "TOS" before registering on our website.
19. Effective Date
The terms of this TOS Agreement are effective as of December 23, 2012.