AGREEMENT TO TERMS and CONDITIONS OF USE
The terms and conditions of use (“Terms and Conditions”) specified herein govern the use of www.cheatmasters.com (“Website”) and the services provided through the Website by Cheat Masters, which owns and operates the Website, (collectively, “Website Services”). Please read the Terms and Conditions carefully. By using the Website Services, you shall have affirmed consent to all of the Terms and Conditions specified herein and your agreement to be bound by them. As such, these Terms and Conditions represent a binding agreement between you and Cheat Masters.
1.1. “Cheat Masters Trademarks” means any trademarks, tradenames, logos, and other commercial designs of Cheat Masters, whether or not formal registration exists.
1.2. “Content” means all material, whether publicly posted or privately transmitted, that Members upload, post, broadcast, email, transmit, or otherwise make available on the Website or through the Website Services.
1.3. “Forums” means the Cheat Masters forums accessible via http://forum.cheatmasters.com/.
1.4. “Member” means anyone using Website Services.
1.5. “Terms and Conditions” means the terms and conditions of use specified herein that govern the use of the Website and the Website services.
1.6. “Website Services” means the services provided by Cheat Masters through www.cheatmasters.com including, but not limited to, posting on the forums.
1.7. “Website” means the content accessible through the World Wide Web at the address www.cheatmasters.com.
2. Binding Agreement
2.1 By entering and using the Website and/or the Website Services, you agree to be bound by these Terms and Conditions. As such, the Terms and Conditions shall be considered and construed as a binding agreement between you and Cheat Masters.
2.2 Cheat Masters shall not be bound by any additional or different terms provided by any Member.
3. Modifications to Terms and Conditions.
3.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remain just as dynamic, the Parties understand that Cheat Masters may alter, amend, change, waive, terminate or modify any term in this Agreement at any time provided that:
3.1.1 Should Cheat Masters alter, amend, change, waive, terminate or modify any term contained within these Terms and Conditions, it shall provide notice by:
(a) Posting the new Terms and Conditions to the Website, particularly [www.cheatmasters.com/TOU.php];
(b) electronic mail or pursuant to Section 8.10 of these Terms and Conditions; and
(c) as otherwise required by law.
3.1.2 Upon Notice, any Member may either elect to cease using his or her account or accept the altered, amended, changed, waived, terminated or modified Terms and Conditions.
3.1.3 Should the Member accept the altered, amended, changed, waived, terminated or modified Terms and Conditions, the Member’s use of the Website and Website Services shall proceed under the new Terms and Conditions;
3.1.4 Further, should the Member accept the altered, amended, changed, waived, terminated or modified Terms and Conditions, the Member shall execute any document presented to the Member memorializing such acceptance.
3.2 Apart from receiving notice from Cheat Masters, you agree to review the Terms and Conditions and the relevant rules and regulations periodically and to be updated of such changes.
3.3 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through certain preceding pages, may under certain circumstances result in the bypass of links to the Terms and Conditions. You hereby agree that any use of such bookmarks or bookmarking to bypass any web pages to enter into the Website constitutes acceptance of the Terms and Conditions.
4 Member's Account and Account Information
4.1 You hereby agree to provide Cheat Masters with true, complete and up-to-date information regarding your registration information.
4.1.1 Cheat Masters reserves the right to immediately terminate any account and any user who provides Cheat Masters with false, incomplete or out-of-date information.
4.1.2 Any Member providing Cheat Masters with false, incomplete or out-of-date information shall be subject to civil and criminal liability.
4.2 Every new Member chooses a password and a screen name at time of registration.
4.2.1 Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party’s intellectual property rights, or a screen name that is offensive or inappropriate.
4.3 You shall be solely and entirely responsible for any and all use of the Website and Website Services through your Member account.
4.3.1 As a Member, you may not permit any other person to use your Member account.
4.3.2 Your Membership, username and/or password (Login) may not be assigned or transferred to any other person or entity.
4.3.3 You must promptly inform Cheat Masters of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
4.4 Any member whose account has been terminated by Cheat Masters may not access the Website or the Website Services without the prior express written permission of Cheat Masters.
4.5 Termination of Account.
4.5.1 Cheat Masters reserves the right to terminate your Account at any time.
4.5.2 In particular, Cheat Masters may terminate an account immediately should a party use the Website or Website Services for illegal purposes.
4.5.3 Cheat Masters also reserves the right to suspend or terminate an Account should the Account or Cheat Masters become involved in pending litigation or other similar dispute.
4.5.4 Should your account be terminated, you will remain liable for all liabilities that may have arisen or arise from your Account and/or the termination thereof.
4.5.5 Should the Website and/or the Website Services become terminated or suspended, all Accounts shall be terminated immediately, without any prior notifications by Cheat Masters.
5 Intellectual Property Rights
5.1 Copyright. All of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services is either owned by or licensed to Cheat Masters.
5.1.1 All materials on the Website are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Website’s materials, including those transmitted via the Website Services, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from Cheat Masters.
5.1.2 Cheat Masters provides a limited license to its Members to view, print, and download materials on the Website and/or through the Website Services for reasonable use and pursuant to these Terms and Conditions.
5.1.3 By posting to and/or using Cheat Masters’ Web Services, you grant Cheat Masters the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive right to publish (via the Internet, in print, or via other methods) and to sub-license any Content that you provide or submit to the Website.
5.1.4 By posting to and/or using Cheat Masters’ Web Services, you agree to indemnify Cheat Masters from any claims including, but not limited to, copyright infringement by third parties.
5.1.5 If you believe another Member is violating your or a third-party’s intellectual property rights, you may inform us by contacting a Forum Administrator at http://forum.cheatmasters.com/.
5.1.6 You may not frame any elements of this Website with any other website.
5.2.1 Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Cheat Masters Trademarks displayed on the Website without our prior permission. All goodwill generated from the Cheat Masters Trademarks will inure solely to our benefit. All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse or be affiliated with or connected to Cheat Masters.
5.2.2 Cheat Masters reserves the right to restrict the use of its name, system, and software.
5.2.3 Cheat Masters Trademarks may not be used in a non-Cheat Masters product name or publication title; in, as or as part of your own trademarks; to identify products or services that are not Cheat Masters’; to cause confusion; to suggest inaccurately that we sponsor, endorse, or are otherwise connected with you, your products, or your services; or in any manner that Cheat Masters finds offensive.
6.1 Cheat Masters does not intentionally or specifically target children under the age of thirteen (13).
6.2 If Cheat Masters learns that anyone under the age of thirteen (13) has accessed the Website and/or Website Services, Cheat Masters will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
6.3 Cheat Masters does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other private status.
7 Member Conduct
7.1 The Website and Website Services shall be used for lawful purposes only. Cheat Masters reserves the right to terminate any account should it believe that the account has been or is being used for unlawful purposes and take any further action as permitted by law.
7.2 The Website and Website Services shall not be used for any of the following:
7.2.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
7.2.2 Intentionally violating any intellectual property rights of a third party;
7.2.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
7.2.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Cheat Masters;
7.2.5 Posting or transmitting, or cause to be posted or transmitted via the Website or Website Services any spam or other misuse of email services;
7.2.6 Seeking to obtain password, account, or private financial information from any Member; and/or
7.2.7 Attempting to access the accounts of others or interfere with Cheat Masters’s security measures.
7.3 Members may advertise other sites on the Forums, subject to certain terms in the Forum rules. However, the sites advertised must not contain inappropriate content, and advertising must not be excessive. What constitutes “inappropriate content” and “excessive advertising” shall be determined by Cheat Masters at its sole discretion.
7.4 Cheat Masters has the right, but not the obligation, to delete, move, or edit any content on the Website, including any Content provided by Members, for any reason.
7.5 Cheat Masters also reserves the right to disclose any content posted by a Member:
7.5.1 if required to do so by law or in the good faith belief that doing so is necessary to comply with the law;
7.5.2 to enforce these Terms and Conditions;
7.5.3 to respond to claims that the Content violates the rights of third parties;
7.5.4 to protect the rights, property, or safety of Cheat Masters, its Members, or the public; or
7.5.5 to administer the Website and the Website Services.
8 DISCLAIMER OF WARRANTIES
8.1 THE WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
8.2 CHEAT MASTERS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
8.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF:
184.108.40.206 THE WEBSITE/WEBSITE SERVICES; OR
220.127.116.11 THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
8.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
8.2.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF (OR ERRORS IN):
18.104.22.168 THE CONTENTS;
22.214.171.124 THE FUNCTIONING OF;
126.96.36.199 OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE WEBSITE/WEBSITE SERVICES;
8.2.4 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
8.2.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF CHEAT MASTERS IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
8.3 CHEAT MASTERS IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER.
9 ADDITIONAL DISCLAIMERS
9.1 Third Party Links and Products.
9.1.1 IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, CHEAT MASTERS MAY PROVIDE YOU WITH LINKS TO WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
9.1.2 CHEAT MASTERS HAS NO CONTROL OVER SUCH WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
9.1.3 CHEAT MASTERS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
9.1.4 CHEAT MASTERS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
9.1.5 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
9.1.6 CHEAT MASTERS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
9.1.7 CHEAT MASTERS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS MEMBERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.
9.2 Content Posted by Members
9.2.1 CHEAT MASTERS DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT POSTED BY ITS MEMBERS;
188.8.131.52 CHEAT MASTERS SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY MEMBER CONTENT THAT MAY VIOLATE A THIRD PARTY’S TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY.
184.108.40.206 CHEAT MASTERS RECOGNIZES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND WILL RESPOND TO ANY LEGALLY ADEQUATE AND SUFFICIENT NOTICE RECEIVED PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT.
220.127.116.11 FOR OUR DIGITAL MILLENNIUM COPYRIGHT ACT POLICY, PLEASE SEE SECTION 11.8.
9.2.2 CHEAT MASTERS DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY HARM RESULTING FROM CHEAT MASTERS’ FAILURE TO EDIT, REMOVE, DELETE, OR MONITOR CONTENT POSTED BY ITS MEMBERS THAT IS ALLEGED TO BE HARMFUL, INACCURATE, INFRINGING, UNLAWFUL, OR OBJECTIONABLE;
10 LIMITATION OF LIABILITY
10.1 IN NO EVENT WILL CHEAT MASTERS OR ITS SUBSIDIARIES OR SUPPLIERS OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF CHEAT MASTERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
10.2 CHEAT MASTERS SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOVERNMENT; NATURAL CATASTROPHES; ACTS OF A MEMBER; INTERNET DISRUPTIONS; OR LOSS OF DATA.
10.3 IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES OR YOU HAVE ANY DISPUTE WITH CHEAT MASTERS IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE AND THE SERVICES.
10.4 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
10.4.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
10.4.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
10.5 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
11 General Provisions
11.1 Entire Agreement.
11.1.1 The Terms and Conditions comprises the entire agreement between you and Cheat Masters. The Terms and Conditions supersedes and preempts any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way.
11.1.2 Please note that you may be subject to additional rules and regulations that may apply when you subscribe to and use Website Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms and Conditions.
11.1.3 These Terms and Conditions contain disclaimers (including at Sections 5, 6 and 7) as well as exclusive remedy provisions (including at Section 7).
11.2 Savings Clause. In the event that any provision of these Terms and Conditions is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its form so modified by the court, shall then be enforceable and shall be enforced.
11.3 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe these Terms and Conditions or otherwise be given any legal effect.
11.4 Reasonableness. The Parties have read each of the terms in these Terms and Conditions and consider each of them, including all subparts, to be reasonable.
11.5 Indemnification. Any user of the Website and/or Website Services shall indemnify and hold Cheat Masters, the owners and operators of Cheat Masters, as well as their officers, agents, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney’s fees, made by any third party due to or arising from the use of the Website or from information submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of any other person or entity.
11.6 Waiver. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
11.6.1 No employee, agent or representative, including without limitation a customer service representative, of Cheat Masters shall be entitled to waive any term of the Terms and Conditions.
Law. The Terms and Conditions shall
be construed and enforced in accordance with the laws of the State of
11.8 Incorporation Clause. These Terms and Conditions shall incorporate the terms provided for in the Privacy and Security Policy (available at http://www.cheatmasters.com/privacy.php), our Digital Millennium Copyright Act Policy, and the Forum Rules (available at http://forum.cheatmasters.com/showthread.php?t=1216).
11.9 Notices. Notices by the Cheat Masters to you may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional email. Notices by you to the Website may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
11.10 No Waiver. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
11.11 Restricted Locations.
11.11.1 The Website and Website Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Website may not be used by and is not directed at any country or region
currently embargoed by the