Terms of Use

[cSense // Ricosy]

cheatSense Terms of Use
Last Updated: May 4, 2009

IMPORTANT LEGAL NOTICE
ATTENTION: This website, including any portion of this web site accessible through the homepage, (collectively, the "Site") is published and maintained by cheatSense. This document is a legal contract, and by accessing, browsing, or using the Site you agree to be bound, without limitation or qualification, to the terms of use ("Terms of Use") set forth below.

cheatSense reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating these Terms of Use. By continuing to use the Site after cheatSense publishes changes, you agree to be bound by such changes. cheatSense recommends that you periodically visit this page to review the then current Terms of Use. The most recent date on which the Terms of Use were updated will be indicated above. If you do not agree to these Terms of Use, or to any modification thereof, you are not authorized to use the Site.

I. General
1.1 Binding Nature of Terms of Use

Registering for an account on cheatSense.com signifies your knowledge of an agreement to be bound by the most current version of these Terms of Use. cheatSense may modify these Terms of Use at any time. Your continued use of the website following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms of Use periodically for any such modifications.

1.2 Governing Law and Disputes

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of English courts, for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Site, provided that such exclusivity does not apply to legal actions initiated or brought by cheatSense.

1.3 Severability

If any portion of these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

1.4 Entire Agreement

These Terms of Use, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and cheatSense and cannot be modified by you. These Terms of Use cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with cheatSense or the Site. Nothing in this subsection will prevent cheatSense from modifying the terms of these Terms of Use and posting such modifications on the Site.


II - CONDITIONS
2.1 Legality

You agree cheatSense cannot be held liable if laws applicable to you restrict or prohibit your participation. cheatSense makes no representations or warranties, implicit or explicit, as to your legal right to participate in any event offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site and/or cheatSense have authority to make any such representations or warranties.
cheatSense reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.

2.2 Acknowledgment of Proprietary Rights

By registering for an account on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by cheatSense or licensed to cheatSense, or its partners, from other parties. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. cheatSense neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While cheatSense uses reasonable efforts to include accurate and up-to-date information, cheatSense makes no representations or warranties as to its accuracy. cheatSense assumes no liability or responsibility for any errors or omissions in the content of the Site.

Any communication or material you transmit to the Site or cheatSense by electronic mail, chat, or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary and shall become and remain the sole property of the cheatSense. No submission shall be subject to any obligation of confidence on the part of the cheatSense and cheatSense shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you. Anything you transmit or post may be used by cheatSense and/or its partners for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, cheatSense is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site or cheatSense for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of cheatSense and/or other parties. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of cheatSense or such third party that owns the Trademark displayed on the Site. Your use of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that cheatSense will aggressively enforce its intellectual property rights to the fullest extent of the law, including pursuing criminal prosecution where appropriate.

2.3 Use of User Information and Accuracy of Information

By registering for an account, you agree that cheatSense may display your user name and team name (if any).
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account.

2.4 Cancellation of Membership

To cancel your membership at cheatsense.com you must contact cheatSense via e-mail at webmaster@cheatsense.com. Please include your account name.

2.5 Telecommunication Charges

You are responsible for any telecommunication charges incurred while accessing the Site, including but not limited to, long distance charges, local phone charges, equipment and line costs. Any dispute of these charges is strictly between you and your telecommunication provider.

2.6 Privacy Policy

The Privacy Policy (together with our Terms of Use) constitute the entire agreement between you and cheatSense in relation to your use of our website, and supersede all previous agreements in respect of your use of this Site.

2.7 Forum Board Policy

The following is a summary of the Forum Board Policy for the Site. Any member who violate any of these standards shall be subject to immediate sanction (as determined by cheatSense in its sole discretion), including cheatSense membership termination and blocking of Site access and, if applicable, disclosure to the relevant authorities:

i. cheatSense reserves the right to remove any posts for any reason.
ii. Profanity, obscenities, or "masking" characters to disguise such words, is not permitted.
iii. Obscene, lewd, slanderous, pornographic, abusive, violent, indecent, threatening and harassing language of any kind will not be tolerated.
iv. Opinions or comments on the subject at hand are welcomed, but attacking or otherwise libelling or defaming individuals, companies or products is not permitted.
v. Advertising or promotion of other companies, products, or URLs is not permitted unless stated otherwise.
vi. No copyrighted materials are allowed in messages.
vii. Information disclosed in the Site message boards becomes property of cheatSense and is revealed to the public. cheatSense is not responsible for any information you choose to disclose to others.
viii. "Flooding" of the Site, or any area of the Site, by posting large numbers of messages which contain no substantive content, posting large numbers of messages with little or no content, or any similar activity is not permitted.

2.8 Abuse

Anyone who abuses the Site, including but not limited to, the use of unauthorised or altered software or hardware to assist play, harasses other participants, posts objectionable material, breaches any of these Terms of Use, other provision of the Site or the terms of any other agreement between you and cheatSense, or breaches the security of any membership account and/or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by cheatSense in its sole discretion), including cheatSense membership termination and blocking of Site access and, in the case of breach of security, disclosure to the relevant authorities.

III - LIMITATION ON LIABILITY
3.1 General Disclaimer

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CHEATSENSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT CHEATSENSE WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND CHEATSENSE CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. CHEATSENSE THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CHEATSENSE?S NEGLIGENCE OR GROSS NEGLIGENCE, WILL CHEATSENSE, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF CHEATSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

CHEATSENSE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. CHEATSENSE ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CHEATSENSE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Nothing in this legal notice shall exclude or limit cheatSense?s liability for: (1) death or personal injury caused by negligence; (2) fraud; or (3) any liability which cannot be excluded or limited under applicable law.
If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

3.3 Unauthorized Use and Access

By registering for an account on the Site, you agree that cheatSense is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.

Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, install or use any cheating mechanisms in game play or deliberately damage or undermine the Site will be reported to the proper law enforcement authorities and is subject to civil and/or criminal prosecution and will result in immediate termination of your account.

3.4 Accounts for Individual Use Only

You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms of Use of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site. Your account is not transferable to any other person. By registering on the Site, you agree to indemnify, defend, and hold cheatSense harmless from or for any claims, liability, damages, and/or costs arising from any use of your account by any person.

3.5 Account Termination

cheatSense reserves the right to terminate your account, for any reason, including but not limited to any reasons listed in Sections 2.7 and 2.8. By registering for an account on the Site, you consent to allow cheatSense to access your account information to investigate complaints or other allegations of abuse.

cheatSense may terminate the Site with or without cause at any time, effective immediately upon notice to you; such notice may be in the form of an electronic mail message, or may be posted within the Site itself prior to termination. cheatSense shall not be liable to you for termination of the Site under any theory of law or equity.

3.6 Links

The Site may contain links to other web sites and resources which are provided solely for your convenience. You acknowledge and agree that cheatSense does not control, and is not responsible or liable for, the availability or accuracy of such web sites or resources or the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Site does not imply that cheatSense endorses, or makes any representation or warranty about, the linked site or resource. If you decide to access any such websites and resources linked to this Site you do so entirely at your own risk.

3.7 Indemnification

You agree to indemnify and hold cheatSense, its parents, subsidiaries, affiliates and staff, harmless from and against any claim or demand, made by any third party resulting from or arising out of your use of the Site, your violation of these Terms of Use, or the infringement by you or any other user of the Site using your user name and password (whether or not you are the individual who undertakes such activities).

Violations

PLEASE REPORT ANY VIOLATIONS OF THESE TERMS OF USE TO WEBMASTER@CHEATSENSE.COM.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS OF USE SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE CHEATSENSE SITE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS OF USE.