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Your use of our Internet site or any of the products
or services offered on that site (collectively, the
"Services") is subject to these Terms of Service
(these "Terms"). We may modify these Terms
at any time without notice to you by posting revised
Terms on our site. Your use of our site constitutes
your binding acceptance of these Terms, including any
modifications that we make.
Some of the Services may be subject to additional posted
conditions. Your use of those Services is subject to
those conditions, which are incorporated into these
Terms by reference. In the event of an inconsistency
between these Terms and any additional posted conditions,
the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any
of the following actions in our sole discretion at any
time and for any reason without giving you any prior
notice:
- Restrict, suspend or terminate your access to all
or any part of the Services;
- Change, suspend or discontinue all or any part of
the Services;
- Refuse, move or remove any material that you submit
to our site for any reason;
- Refuse, move, or remove any content that is available
on our site;
- Deactivate or delete your accounts and all related
information and files in your account;
- Establish general practices and limits concerning
use of our site
You agree that we will not be liable to you or any third
party for taking any of these actions.
You understand and agree that our Services may include
communications such as service announcements and administrative
messages from us or from our partners and that these communications
are considered part of the Services. You will not be able
to opt out of receiving these messages. You also understand
that our Services may include advertisements.
Content On Our Site
Our site includes a combination of public domain content,
custom copyrighted content and content that our users
create. All materials published on our site, including,
but not limited to, written content, files, photographs,
graphics, images, illustrations, marks and logos are protected
by our copyrights or trademarks or those of our users.
You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative
works of, distribute, publicly perform, publicly display
or in any way exploit any of the materials or content
or our site in whole or in part.
You are solely responsible for all materials, whether
publicly posted or privately transmitted, that you upload,
post, email, transmit or otherwise make available on our
site ("Your Content"). You certify that you
own all intellectual property rights in Your Content.
You hereby grant us a worldwide, irrevocable, royalty-free,
nonexclusive, sub-licensable license to use, reproduce,
distribute, publicly perform, publicly display, transfer,
transmit, distribute and publish Your Content and subsequent
versions of Your Content for the purposes of (i) displaying
Your Content on our site, (ii) distributing Your Content,
either electronically or via other media, to users seeking
to download or otherwise acquire it, and/or (iii) storing
Your Content in a remote database accessible by end users.
This license shall apply to the distribution and the storage
of Your Content in any form, medium, or technology now
known or later developed.
We do not guarantee the accuracy, integrity or quality
of the content on our site. You may not rely on any of
this content, including, but not limited to, cheats, trainers,
walkthroughs, FAQs, guides, hints, easter eggs, savegames,
Action Replay codes and X-Box saves. Without limitation,
we are not responsible for postings by users in the user
comment or public profile area of our site. Our site also
may contain information about products and services offered
by third parties, including product specifications, pricing,
availability, performance and editorial commentary. You
may be exposed to content that you find offensive, indecent,
objectionable or that is inaccurate and you bear all risks
associated with using that content. We have the right,
but not the obligation, to remove any content that may,
in our sole discretion, violate these Terms or that is
otherwise objectionable.
Your
Use of Third Party Sites
Our site contains links to other Internet sites owned
by third parties. Your use of each of those sites is subject
to the conditions, if any, that each of those sites has
posted. We have no control over sites that are not ours
and we are not responsible for any changes to or content
on them. Our inclusion on our site of any third party
content or a link to a third party site is not an endorsement
of that content or third party site.
We do not sell, resell or license any of the products
or services that we review or list on our site, and we
disclaim any responsibility for or liability related to
them. Your correspondence or related activities with third
parties, including payment transactions and goods delivery
transactions, are solely between you and that third party.
You agree that we will not be responsible or liable for
any loss or damage of any sort incurred as the result
of any of your transactions with third parties. Any questions,
complaints or claims related to any product or service
should be directed to the appropriate vendor.
Cheat Happens Fee-Based Services
Some of the Services require you to pay a fee, as described
in the specific conditions included where those Services
are offered. You agree to pay all fees and charges that
you incur. Unless otherwise noted, all currency references
are in U.S. dollars. We may, upon notice if required by
applicable laws, at any time change the amount of, or
basis for determining, any fee or charge, or institute
new fees or charges. All fees and charges are payable
in accordance with payment terms in effect at the time
the fee or charge becomes payable. "Lifetime Membership",
as is offered by our website is good for the lifetime
of the website and not the lifetime of the subscriber.
No refunds or partial refunds will be given should the
website cease operations or become unable to provide content
updates for any reason.
Some of the content on our site is restricted to only those that subscribe to our fee-based membership. You agree not to share this content with other sites or users, specifically those that have been marked "CUSTOMIZED" for your account. These files have encrypted information that can be traced back to the originating user. Violation of this policy will result in your account being deactivated without refund. Some "CUSTOMIZED" trainers require an Internet connection in order to validate the file's authenticity. No information, personal or otherwise, is sent to or collected by Cheat Happens during this process. Files created for users that have been banned for violating our Terms of Service will fail the authenticity check and no longer function.
Your
Conduct On Our Site
If we request registration information from you, you will
provide us with true, accurate, current and complete information.
You will promptly update your registration to keep it
accurate, current and complete. If we issue you a password,
you may not reveal it to anyone else. You may not use
anyone else's password. You are responsible for maintaining
the confidentiality of your accounts and passwords. You
agree to immediately notify us of any unauthorized use
of your passwords or accounts or any other breach of security.
We will not be responsible for any loss or damage that
may result if you fail to comply with these requirements.
The technology and software underlying our site and the
Services is the property of Cheat Happens. You agree not
to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in or otherwise
transfer any right to the technology or software underlying
our site or Services. You agree not to modify the software
underlying our site in any manner or form, or to use modified
versions of such software, including (without limitation)
for the purpose of obtaining unauthorized access to our
site.
Without limiting the foregoing, you agree that you will
not use our site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal right of others;
- Publish, post, upload, email, distribute or disseminate
(collectively, "Transmit") any inappropriate,
profane, defamatory, infringing, obscene, indecent
or unlawful content;
- Transmit files that contain viruses, corrupted files,
or any other similar software or programs that may
damage or adversely affect the operation of another
person's computer, our site, any software or hardware,
or telecommunications equipment;
- Advertise or offer to sell any goods or services
for any commercial purpose unless you have our written
consent to do so;
- Transmit surveys, contests, pyramid schemes, spam,
unsolicited advertising or promotional materials,
or chain letters;
- Download any file that you know or reasonably should
know, cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations
or labels of the origin or source of software or other
material;
- Restrict or inhibit any other user from using and
enjoying any public area within our site;
- Collect or store personal information about other
end users;
- Interfere with or disrupt our site, server or network;
- Impersonate any person or entity, including, but
not limited to, a Cheat Happens representative, or
falsely state or otherwise misrepresent your affiliation
with a person or entity;
- Forge headers, manipulate identifiers or other data
in order to disguise the origin of any content transmitted
through our site, or to manipulate your presence on
our site;
- Take any action that imposes an unreasonably or
disproportionately large load on our infrastructure.
- Engage in any illegal activities
You agree to use our message or communication facility
only to send messages and material that are proper and
related to that particular message or communication facility.
If you choose a username that, in our sole discretion,
is obscene, indecent, abusive or which might otherwise
subject us to public disparagement or scorn, we reserve
the right, without prior notice to you, to automatically
change your username, delete your posts from our site,
deny you access to our site, or any combination of these
options.
Unauthorized access to our site is a breach of these Terms
and a violation of the law. You agree not to access our
site by any means other than through the interface that
is provided by Cheat Happens for use in accessing our
site. You agree not use any automated means, including,
without limitation, agents, robots, scripts, or spiders,
to access, monitor or copy any part of our site except
those automated means that we have approved in advance
and in writing.
Use of our site is subject to existing laws and legal
process. Nothing contained in these Terms shall limit
our right to comply with governmental, court and law enforcement
requests or requirements relating to your use of our site.
Indemnification
You hereby agree to indemnify, defend and hold Cheat Happens,
and all of our officers, directors, owners, employees,
agents, information providers, affiliates, partners and
licensors (collectively, the "Cheat Happens Parties")
harmless from and against any and all liability, losses,
costs and expenses (including attorneys' fees) incurred
by any Cheat Happens Party in connection with any claim
including, but not limited to, claims for defamation,
violation of rights of publicity and/or privacy, copyright
infringement or trademark infringement arising out of:
- Your use of our site;
- Any use or alleged use of your accounts or your
passwords by any person, whether or not authorized
by you;
- The content, quality or performance of content that
you submit to our site;
- Your connection to our site;
- Your violation of these Terms; or
- Your violation of the rights of any other person
or entity.
We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter for which
you are required to indemnify us and you agree to cooperate
with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, failure
to store, mis-delivery, or untimely delivery of any information
or material. We disclaim any responsibility for any harm
resulting from downloading or accessing any information
or material on the Internet using search results from
our site. We disclaim any responsibility for service outages
that are caused by our maintenance on the servers or the
technology that underlies our site, failures of our service
providers (including telecommunications, hosting and power
providers) computer viruses, natural disasters or other
destruction or damage of our facilities, an act of nature,
war, civil disturbance or other cause beyond our reasonable
control
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED
OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY
AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT
IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH
OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY
OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL
MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN
THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY
CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF OUR SITE AND THE
ACCURACY OR COMPLETENESS OF ITS CONTENT.
NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF
OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Arbitration
Cheat Happens may elect to resolve any controversy or
claim arising out of or relating to these Terms or our
site by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Texarkana,
Arkansas, and judgment on the arbitration award may be
entered in any court having jurisdiction thereof. Either
you or we may seek any interim or preliminary relief from
a court of competent jurisdiction in Texarkana, Arkansas
necessary to protect the rights or property of you or
Cheat Happens (or its agents, suppliers, and subcontractors)
pending the completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify you
of certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting them
on our site or delivering them to you through email. You
may update your email address by visiting the Services
where you have provided contact information. If you do
not provide us with accurate information, we cannot be
held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right
or provision.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of
or related to use of our site or these Terms must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
These Terms, including all terms, conditions and policies
that are incorporated into these terms by reference, constitute
the entire agreement between you and Cheat Happens and
govern your use of our site, super ceding any prior agreements
that you may have with us.
These Terms shall be construed in accordance with the
laws of the State of Arkansas, and the parties irrevocably
consent to bring any action to enforce these Terms before
an arbitration panel or before a court of competent jurisdiction
in Texarkana, Arkansas if seeking interim or preliminary
relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid
or unenforceable pursuant to applicable law, then the
invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder
of the Terms shall continue in effect. |
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