TERMS LAST UPDATED: OCTOBER 2022
PRIVACY POLICY LAST UPDATED: OCTOBER 2022

This Insignia Terms of Use ("Agreement") is an agreement between you and the Insignia Administration Team (“the Team”) and governs your use of the Service. A printable version of the most current form of this Agreement is posted on the Insignia web site (https://insignia.live/terms). The Service is offered to you conditioned on your acceptance without modification of these terms, conditions, and notices contained herein. By selecting "ACCEPT" below, you are attaching your electronic signature to and agreeing to this Agreement; you are also accepting the Insignia Privacy Statement. You understand that if you do not agree to this Agreement and Privacy Statement, you should select "DECLINE", discontinue your registration, and refrain from using the Service. Additionally, certain games, features, or events may themselves contain additional terms, codes of conduct or guidelines that govern use of those games or features or participation in those events (for example, sweepstakes and tournaments). In the event that any of the terms, conditions, and notices contained herein conflict with such other terms and guidelines contained within any particular game, feature or event, then these terms shall control.
For information regarding your privacy and Insignia, please see the Insignia Privacy Statement, which is located in the Policies section of the Xbox Dashboard. A printable version is also posted on the Insignia website (https://insignia.live/privacy).

GENERAL USAGE TERMS

Insignia is offered solely for your personal and non-commercial use. Any unauthorised commercial use of Insignia, or the resale of its services or content, is expressly prohibited. You may not use anyone else's subscription at any time, without the permission of the subscriber.

MODIFICATION OF THIS AGREEMENT

The Team reserves. the right to change, modify, add or remove portions of the terms, conditions, and notices under which Insignia is offered, including but not limited to changes to service operation, user rights and responsibilities, Code of Conduct and the Privacy Statement. Any changes will be posted in the Policies section of the Xbox Dashboard, or on https://insignia.live or provided to you in electronic form via email at the email address you specify during your initial subscription sign-up. You are responsible for regularly reviewing these terms and conditions and additional terms associated with particular games, events, or other offerings. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices. If any of the changes made to this Agreement are unacceptable to you, you must immediately request deletion of your account, and discontinue use of the Service.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations, including laws regarding the transmission of technical data or software exported from the United States. You may not use Insignia in any manner that could damage, disable, overburden, or impair Insignia (or the network(s) connected to Insignia) or interfere with any other party's use and enjoyment of Insignia. You may not attempt to gain unauthorised access to Insignia, other accounts, computer systems or networks connected to Insignia, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through Insignia. Unless expressly allowed, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through Insignia.

4. USE OF COMMUNICATION FACILITIES

Your use of Insignia is subject to the Code of Conduct located in the Policies section of the Xbox Dashboard and at https://insignia.live/conduct. You also agree not to do any of the following while being connected to Insignia:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, file or information.
• Publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Use any material or information which is made available through Insignia in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's Xbox video game console or other property of another.
• Advertise or offer to sell or buy any goods or services for any non-personal purpose.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Create a false identity for the purpose of misleading others.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an Insignia member any directory of Insignia members, or any other user or usage information or any portion of any of them.
• Interfere with or disrupt networks connected to Insignia or violate the regulations, policies, or procedures of such networks.
• View, intercept, or attempt to intercept private communications not intended for you.
• Violate any posted guidelines or codes relating to the use of Insignia.
Always use caution when giving out any personally identifiable information about yourself or your children. Your communications are not private and can be recorded and used by others. By using the communications facilities of Insignia, you are granting the Team and it’s affiliated partners permission to copy, distribute, transmit, publicly display, publicly display and perform, reproduce, and translate your communications, as well as your game scores, rankings and other statistics with or without attribution to your Gamertag, and without notice or compensation to you of any kind.
The Team does not control or endorse the communications you may receive from other users via Insignia or the content, messages or information of any third-party content or services available in Insignia and, therefore, the Team specifically disclaims any liability with regard to such content, messages or services and any actions resulting from your participation in any game or service which permits the transmission of content or messages.

RIGHT TO MONITOR AND DISCLOSE

The Team has no obligation to monitor your use of Insignia or retain the content of any user session. However, the Team and third-party game operators reserve the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in the Team’s possession, however obtained, about or related to you, your use of Insignia or otherwise as the Team deems necessary or useful to satisfy any applicable law, regulation, legal process or governmental request.

GAME-SPECIFIC TERMS

When using Insignia you are subject to all the terms, rules and guidelines specified by the games you play via Insignia. If another party reports that you have violated their rules, you agree that the Team or third-party game operators may take appropriate action just as if you had violated this Agreement. Any dealings with third parties or participation in promotions, sweepstakes and tournaments, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. The Team does not endorse and will not be responsible or liable for any aspect of any such dealings.

SERVICE OPERATION AND EQUIPMENT

The Team reserves complete and sole discretion with respect to the operation of Insignia. The Team may, among other things: (a) restrict or limit access to Insignia; (b) retrieve information from the Xbox used to log onto Insignia as necessary to operate and protect the security of Insignia, and to enforce this Agreement and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of Insignia or any game from time to time without notice, which may involve the automatic download of related software directly to your Xbox video game console, and which software may prevent your Xbox from accessing Insignia. The Team has no obligation to maintain any content or services, and has no responsibility or liability for the deletion, loss, corruption or failure to store any messages, software or other information or content maintained or transmitted by or through Insignia.

DISCLAIMER/LIMITATION OF LIABILITY

You specifically agree that the Team shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using Insignia. You specifically agree that the Team is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Team is not responsible for any content sent using and/or included in Insignia any third party.


COPYRIGHT AND TRADEMARK NOTICES

Microsoft, Xbox, Xbox Live and/or other Microsoft products and services referenced herein are registered trademarks and/or copyright Microsoft Corporation. Both the Insignia Service and Team are not endorsed by or affiliated with Microsoft Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

LANGUAGE

It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.