CHEAT MASTERS
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.
Definitions
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
Trademarks.
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:
8.2.1.1 THE WEBSITE/WEBSITE SERVICES; OR
8.2.1.2 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):
8.2.3.1 THE CONTENTS;
8.2.3.2 THE FUNCTIONING OF;
8.2.3.3 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;
9.2.1.1 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.
9.2.1.2 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.