Total Gaming League Terms of Use Last Updated: January 26th, 2008

Welcome to the Total Gaming League (TotalGamingLeague.com) web site. The Total Gaming League, herein referred to as the TGL, is the copyrighted work of MyInternetServices.com, LLC. By using the TGL, you are agreeing to comply with and be bound by the following terms of use. The TGL is provided "as is" solely for use by end users of the TGL, according to the terms of conditions contained herein. Any use of the TGL not in accordance with the terms of the TGL Terms of Use is expressly prohibited.

1. GRANT OF LICENSE
The TGL hereby grants, and by using the TGL you thereby accept, a limited, personal, non-exclusive license and right to use the TGL using a home, work or portable computer. Subject to the foregoing Grant of License, you may not remove any proprietary notices or labels on the TGL without the prior consent, in writing, of MyInternetServices.com, LLC. MyInternetServices.com, LLC reserves the right for any reason to remove, without notice, any content on the TGL received from users, including without limitation, forum postings. The TGL reserves the right to deny, at its sole discretion, any user access to the TGL, or any portion thereof without notice. Without limiting the foregoing, the MyInternetServices.com, LLC retains the right to decline service to any user who violates the TGL Terms of Use.

2. REGISTRATION INFORMATION
To register your account with the TGL, you will be required to provide your name, address, date of birth, email address, and a password of your choice. This information is used to identify you as a "unique user" of the TGL. In the event that the TGL learns that you have provided the TGL with false or misleading registration information, the TGL reserves the right to terminate your TGL account.

3. ELIGIBILITY
The TGL and its events are open to residents of all fifty states within the United States of America, the District of Columbia, Puerto Rico, Guam, the US Virgin Islands, American Samoa, the Northern Mariana Islands, any other minor outlying US Territories, Russia, Mexico, Canada, Australia, New Zealand, and all countries located within Europe and South America. Residents of Arizona, Connecticut, Florida, Louisiana, Montana, and Vermont must take it under advisement that TGL Events are considered "GAMES OF SKILL" and "STRATEGY" and meet the requirements in accordance with their respective state laws which govern playing in "GAMES OF SKILL" for members to participate. Please be aware that State Laws are subject to change, and as a member you will be informed if these State Laws will affect your abilities to participate in TGL Events. All players registering for an event must be 13 years of age or older at the time of event commencement. All federal, state and local laws and regulations apply to our events.

4. OWNERSHIP
All title, ownership, and intellectual property rights in and to the TGL (including, but not limited to, any titles, computer code, themes, objects, characters, stories, dialog, catch phrases, locations, concepts, artwork, animations, audio-visual effects, methods of operation, moral rights, any related documentation, applets incorporated into the TGL, transcripts of chat rooms, member profile information, and recordings of games played for TGL events, are owned by the MyInternetServices.com, LLC. or its licensors. All rights are reserved. The TGL is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The TGL may contain certain licensed materials, and the TGL's licensors may protect their rights in the event of any violation of this Agreement.

5. YOUR USE OF THE TGL
You are entitled to use the TGL for your own personal use, but you shall not be entitled to:

1. Sell or grant a security interest in or transfer reproductions of the TGL to other parties in any way, nor to rent, lease, or license the TGL to others without the prior written consent of MyInternetServices.com, LLC.
2. Copy, photocopy, reproduce, translate, modify, disassemble, or de-compile in whole or in part any the TGL software.
3. Create copied works based on the TGL.
4. Use of any third-party software to modify the game play in TGL events, including, but not limited to cheats and/or hacks.
5. Cheat during game play in a TGL event, including but not limited to modification of the game program files.
6. Institute attacks upon a TGL server or otherwise disrupt the TotalGamingLeague.com web site and domain.
7. Harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of the TGL or another person or entity.
8. Transmit or post sexually explicit images or other content which in the sole discretion of the TGL is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content.
9. Impersonate a TGL official, MyInternetServices.com employee, or any other person.
10. Disrupt the normal flow of dialogue in a chat room/forum or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting Spam messages on the TGL. Spam messages as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to the TGL.
11. Post or transmit chain letters, cash bots, or pyramid schemes; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities on the TGL.
12. Post or transmit comments or content defamatory, libelous, slanderous, disparaging, or otherwise offensive against the TGL organization or its sponsors, products, officials, or players.
13. Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
14. Modify any file that the TGL does not specifically authorize you to modify.
15. Spam by posting or sending more than one unsolicited message or piece of mail to a single address or in a forum.
16. Communicate or post any user's personal information in or on the TGL's web site, or forums.

In the event that you violate any of the foregoing provisions, the TGL may at its option and without notice to you:

1. Temporarily suspended your access to the TGL.
2. Immediately terminate your access to the TGL.
3. In the event that the TGL is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of the TGL, MyInternetServices.com, LLC will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of the TGL, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.

6. CONTENT UPLOAD TO THE TGL WEB SITE
You may upload content to the TGL. Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. MyInternetServices.com, LLC reserves the right to any legal remedies available to the MyInternetServices.com, LLC. with respect to your content, including, but not limited to, termination of your use of the TGL if we believe your content may create liability for the TGL or may cause the TGL to lose (in whole or in part) the services of our ISPs (Internet Service Provider) or other sponsors. You hereby grant to the TGL a worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights, in any media now known or not currently known, associated with your content.

7. USE OF YOUR CONTENT ON THE TGL WEB SITE
The TGL and/or its parent (MyInternetServices.com, LLC.), subsidiaries or affiliates may gather, process, and use (and allow others to use) any and all information which you provide directly to the TGL (content), as well as information regarding the manner in which you use the TGL. You hereby grant to the TGL a worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights, in any media now known or not currently known, associated with your content.

8. INFORMATION LOCATED ON THE TGL WEB SITE
The TGL does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of the TGL. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors.

9. TERMINATION
This agreement is effective until termination by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and/or service and all related documentation thereof. The TGL reserves the right to terminate this agreement without notice at the TGL's sole discretion if you fail to comply with any term of this agreement, including, but not limited to, disruptive behavior, cheating, instituting attacks upon a TGL server, and any unlawful activity. It is the policy of the MyInternetServices.com, LLC to co-operate fully in criminal investigations, including, but not limited to, and if permitted by local laws, tracing user IP (Internet Protocol) addresses and associated personal information, as well as sharing all other user information on file with the proper authorities upon request.

10. ACKNOWLEDGEMENTS
You hereby acknowledge that:

1. The materials in this site and/or service are provided "as is" and without warranties of any kind, either expressed or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement.
2. That as part of your registration process and in consideration for the privilege of accessing the TGL and if permitted by local laws, MyInternetServices.com, LLC has the right to send your computer one or more "cookies" without any further notice to you (these cookies only retain your user preferences) and, MyInternetServices.com, LLC has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes.
3. That, if permitted by local law, the MyInternetServices.com, LLC. has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of the TGL without any further notice to you.
4. The TGL does not warrant that the TGL will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components.
5. You may not be able to access the TGL whenever you want, and there may be extended periods of time where you cannot access the TGL.
6. The TGL shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of MyInternetServices.com, LLC.
7. The TGL reserves the right, at its sole discretion, to modify or delete any information, including, but not limited to, accounts, statistics, user profiles, and any other information accumulated or uploaded on the TGL.
8. The TGL does not guarantee that any of the games played over the TGL will be free of cheats, hacks, or programming errors that may affect the outcome of games, and events.

11. INDEMNIFICATION
Upon request of the TGL, you agree to defend, indemnify and hold harmless the TGL, its parent, subsidiaries, affiliates, licensees, and sponsors from all liabilities, claims and expenses, including attorneys' fees arising from breach of the TGL's Terms of Use by use of, or in connection with, the transmission by, or through your account of any content on the TGL. The TGL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

12. DISCLAIMER OF WARRANTY
THE TGL IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. MYINTERNETSERVICES.COM, LLC DOES NOT WARRANT THAT ANY GAME OR TOURNAMENT WILL BE UNINTERRUPTED OR ERROR FREE. MYINTERNETSERVICES.COM, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITATIONS OF LIABILITY
NEITHER THE TGL, ITS PARENT (MYINTERNETSERVICES.COM, LLC), AFFILIATES, OR SPONSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE TGL, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

14. THE BAD APPLE ESIMS ANTI-CHEAT CLIENT (BA)
BY REGISTERING WITH THE TGL, YOU AGREE TO RUN THE BAD APPLE ESIMS ANTI-CHEAT CLIENT (BA) AND ALLOW IT TO SCAN YOUR COMPUTER'S GAMING ENVIRONMENT FOR 3RD PARTY PROGRAMS AND FILES. YOU ALSO AGREE TO ALLOW ALL THE DATA THAT BA CAPTURES TO BE SENT TO OUR CONTENT SERVERS. AT NO TIME WILL ANY OF THE DATA CAPTURED BE SHARED WITH THE PUBLIC, AFFILIATES, SPONSORS, OR 3RD PARTIES. BA DOES NOT DOWNLOAD OR INSTALL SPYWARE TO YOUR COMPUTER AND WILL NOT INTERFERE WITH YOUR HARDDRIVE OR ANY FILES CONTAINED ON YOUR COMPUTER.

15. TGL OFFICIALS
The TGL grants its officials the right to participate in any and all events. In cases where bias or disputes about general demeanor and or game play arise involving officials that are participating in any TGL event, the executive staff will be directly involved, rendering sanctions and verdicts based on evidence provided on a case by case basis.

16. MODIFICATIONS TO AGREEMENT
You agree, during the period of this agreement that we may: (1) revise the terms and conditions of this agreement; and (2) change the services provided under this agreement. Any such revision or change will be binding and effective immediately on posting of the revised agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail. You agree to review our web site, including the agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the agreement, you may terminate this agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the services following notice of any revision to this agreement or change in service(s), you abide by any such revisions or changes.

17. MISCELLANEOUS
This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Those who choose to access this site and/or service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.

The Bad Apple ESIMS Anti-Cheat Client is a registered trademark of Steven Marcus and BadAppleESIMS.com in the U.S. and/or other countries. All rights reserved.