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:
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 files on our site, specifically those for titles that have required more than 20 (twenty) updated trainers during their lifetime, require a LIFETIME membership in order to download. These files are clearly marked on the website.
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.
Cheat Happens is a Software as a Service Company. Cheat Happens offers two different types of personalized software downloads, those that are purchased individually and those that are downloaded via a membership. Beginning on January 1, 2019, an active (non-expired) membership will be required for personalized trainers to continue to function. The only exceptions to this are those trainers that were purchased individually and/or those people that are eligible to download an offline key. Once a membership expires, all trainers will become disabled and will be unable to authenticate online until the membership is renewed or brought back to active status. Once that happens, previously banned trainers will work again.
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.
Refunds are not granted once personalized software has been downloaded.
The use of cheats and/or trainers are done so at your own risk. If you attempt to use these cheats or trainers online or in a multiplayer environment, you may have your account banned from using that game any further. We have no control over whether or not bans are issued for the use of any of our products. We test all products using our own accounts and if we find the possibility of being banned or are banned then we will simply not release the cheat. It's possible that game publishers add checks to the game in updates after release that can detect cheats that have been used or are being used and can issue a ban if they so choose. Ultimately you are cheating the game and take responsibility for the consequences that those cheats may have on your game or gaming accounts. We do not make cheats for online or multiplayer games and never have. We ALWAYS suggest the use of our cheats and trainers OFFLINE ONLY. If we determine that users are being banned by the use of our products then we will discontinue the download and/or updating of those products in order to prevent any further bans from using our software.
If any game developer or publisher wishes to have our cheats for their game(s) removed from our site, please contact firstname.lastname@example.org and it will be done immediately without question. We are not here to harm or interfere with the online or multiplayer aspects of any game, simply trying to enhance the single player experience for those that may not be able to get the full benefit out of the game otherwise. Our cheats do not circumvent any copy protection that the games employ or allow users to play the games without purchase. Our cheats do not make any changes to the game's executable or game files, only modifying shared windows memory space used by the game and MS Windows itself.
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:
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.
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:
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.
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.
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.
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.
CONTACT US: For any billing questions or problems with your account, you may email us at chris @ cheathappens.com or call toll-free (1-877-767-3585).UPDATED: DEC 28, 2018