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Terms of Service
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 and content that
our users create. All materials published on our site, including, but not
limited to, written content, 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.
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.
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 1,000 Ways to Cheat. 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
1,000 Ways to Cheat 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
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 1,000 Ways to Cheat 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 1,000 Ways to Cheat,
and all of our officers, directors, owners, employees, agents, information
providers, affiliates, partners and licensors (collectively, the "1,000
Ways to Cheat parties") harmless from and against any and all liability,
losses, costs and expenses (including attorneys' fees) incurred by any 1,000
Ways to Cheat 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.
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 1,000 Ways to Cheat and govern your use of our site, super ceding
any prior agreements that you may have with us.
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. |