Last Updated: March 3rd, 2009
As used in these Terms, "we" (and its variant, "our" and "ours") means and refers to CEVO, LLC ("CEVO"), and "you" (and its variant, "your" and "yours") means and refers to the person who is accessing or using the Site. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND CEVO. Please print a copy of this document for your records.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 15 YEARS OF AGE.
1. Limited License
We own and retain all proprietary rights in the Site, and you acknowledge that the Site contains the copyrighted material, trademarks, and other proprietary information of ours and our licensors. We hereby grant, and by using the Site, you thereby accept, a limited, personal, non-exclusive license and right to use the Site from a home, work, portable computer, and mobile or portable device. You may not remove any proprietary notices or labels on the Site or on any Content (defined in Section 9) without our prior consent. We may deny, at our sole discretion, access to the Site to any user--including you--without notice. Without limiting the foregoing, we may decline providing products or services to any user who violates any CEVO Terms and Conditions.
3. Fees and Payments
You agree to pay the then-current fees found on the Site in accordance with the payment terms described on the Site. Subscription fees will be billed at the price published on the Site in effect at the time of your subscription. We may change published prices from time to time. Price changes will go into effect no less than 30 days from posting; provided that if you have elected to subscribe for longer than a month, the price for your subscription will be fixed for that term at the price in effect at the time of your subscription. We will bill your account ("Billing Account") through PayPal. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide us any of the foregoing information, we may continue charging you for your subscription under your Billing Account unless you have terminated your subscription by notifying us. All fees are exclusive of, and you are responsible for, applicable foreign, federal, state, or local sales, use, excise, value added, export or other applicable taxes (other than taxes on our net income) and all customs, duties and other governmental fees or levies. Without limiting our other remedies hereunder, we may suspend your access to the Site if you have not made payment when due.
BY REGISTERING WITH CEVO, YOU AGREE TO RUN PALADIN AND ALLOW IT TO SCAN YOUR COMPUTER'S GAMING ENVIRONMENT FOR THIRD PARTY PROGRAMS AND FILES ("DATA"). YOUR USE OF PALADIN IS GOVERNED BY THE PALADIN END USER LICENSE AGREEMENT [http://www.cevo.com/organization/terms/]. YOU ALSO AGREE TO ALLOW ALL THE DATA TO BE SENT TO OUR CONTENT SERVERS. WE WILL NOT SHARE DATA WITH THE PUBLIC, OUR AFFILIATES, OUR SPONSORS, OR OTHER THIRD PARTIES. THE CMN DOES NOT DOWNLOAD OR INSTALL SPYWARE TO YOUR COMPUTER AND WILL NOT INTERFERE WITH YOUR HARDDRIVE OR ANY FILES CONTAINED ON YOUR COMPUTER.
BY PARTICIPATING IN ANY CEVO SEASON, TOURNAMENT, OR OTHER EVENT IN WHICH CMN IS USED, INCLUDING EVENTS SPONSORED BY THIRD PARTIES, YOU ACKNOWLEDGE AND AGREE THAT CEVO IS NOT OBLIGATED TO REVEAL ANY INFORMATION/EVIDENCE COLLECTED BY CMN UNDER ANY CIRCUMSTANCE, INCLUDING THE CIRCUMSTANCE THAT YOU PERSONALLY AND/OR A MEMBER OF YOUR TEAM ARE DETECTED CHEATING BY THE CMN AND SUBSEQUENTLY TERMINATED FROM THE EVENT.
CEVO gaming events ("Tournaments") are open to residents only of the following States: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming), the District of Columbia, and Canada. Residents of Arizona, Connecticut, Florida, Louisiana, Montana, and Vermont must take under advisement that Tournaments in those states may be considered "GAMES OF SKILL" and "STRATEGY", and may meet the requirements in accordance with their respective state laws which govern playing in "GAMES OF SKILL" for members to participate. Please be aware that State laws are subject to change, and as a member you will be informed if these State Laws will affect your abilities to participate in CEVO Events. For every Tournament, all players registering for such Tournament must be 15 years of age or older at the time of commencement of the Tournament. All federal, state and local laws and regulations apply to each Tournament.
CEVO officials may participate in any and all Tournaments. If you reasonably suspect bias or have a reasonable dispute and good faith regarding such participation, please contact us immediately at: email@example.com, in which case we will notify our executive staff to take action.
You acknowledge that, as part of your registration process and in consideration for the privilege of using the Site, and to the extent permitted by applicable laws, we may send to your computer one or more "cookies" without any further notice to you. A "cookie" is information either temporarily or permanently stored in a file on your computer. You can set your internet browser to reject cookies (refer to your internet browser instructions if you wish to do so), but that may limit your use of some convenience features at this Site. We may also obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes. The Site also collects information from you in the course of your navigation of the Site, such as the URL of the site you just came from, the browser version you use, IP ports, date/time of access, size of data transferred, pages you visit, and other "clickstream" data. We are typically not able to relate such data to you as an individual if you merely browse our Site and do not disclose your identity to us, e.g., in connection with a registration. Furthermore, to the extent permitted by applicable laws, we may obtain non-personal data from your Internet browsing software in order to make certain demographic assumptions regarding the users of CEVO without any further notice to you.
If we are contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of the Site, we will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of the Site, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.
If you object to your Data and other information being collected or used in the above ways, then do not use or register on the Site.
We own and retain all proprietary rights in the Site, and you acknowledge that the Site contains the copyrighted material, trademarks, and other proprietary information of ours and our licensors (including, but not limited to, titles, computer code, themes, objects, characters, stories, dialog, catch phrases, locations, concepts, artwork, animations, audio-visual effects, methods of operation, moral rights, any related documentation, applets incorporated into CEVO, transcripts of the chat rooms, member profile information, and Tournament recordings). Except for that information which is in the public domain or for which you have been given prior written permission by us or the author, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not change or delete any proprietary notices from materials downloaded from the Site.
8. Your Use of the Site.
Your use of the Site is subject at all times to the AUP [hyperlink]. Without limiting any of the restrictions and obligations in the AUP, you may use the Site for your own personal use, and you may not, without our prior permission:
- Sell or grant a security interest in or transfer reproductions of the Site to other parties in any way, nor to rent, lease, or license the Site to others;
- Create copied works based on the Site;
- Use any third-party software to modify a Tournament, including, but not limited to cheats and/or hacks;
- Institute attacks upon a CEVO server or otherwise disrupt the Site;
- Cheat during game play, including but not limited to modification of the game program files;
- Impersonate a CEVO official or employee or any other person;
- Disrupt the normal flow of dialogue in a chat room/forum or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting Spam messages on CEVO (where .Spam messages. as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to CEVO);
- Intentionally, negligently or unintentionally violate any applicable local, state, national, or international law or regulation;
- Modify any Site file that CEVO does not specifically authorize you to modify;
- Spam by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
- Communicate or post any user's personal information to the Site;
- "Frame" or "mirror" any part of the Service or the Website, without our prior written authorization;
- Use meta tags or code or other devices containing any reference to us or the Site in order to direct any person to any other web site for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or allow or cause others to do so; or
- Use any reverse compilation, reverse engineering, decompilation or disassembly techniques or similar methods to determine any design structure, concepts and construction method of the Site or replicate the functionality of the Site for any purpose.
If we believe you have violated or may or will violate any of the foregoing provisions, we may, at our option and without limiting any of our remedies available herein or at law, and with or without notice to you, suspend and/or terminate your access to the Site.
9. Content Uploads.
You are solely responsible for all of the content that you publish or display (including in bulletin boards, forums and chat rooms) on the Site ("post") or transmit to other users (in each case, "Content"). Your use of the Site, including but not limited to the Content you post or transmit, must be in complete accordance with any and all applicable laws and regulations. You will not post or transmit any defamatory, inaccurate, offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or post or transmit "junk mail", "chain letters," or unsolicited mass mailing or "spam". You will not provide inaccurate, misleading or false information to us or to any user. If information provided to us, or to a user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Without limiting the foregoing:
- You will not express or imply that any statements you make are endorsed by us without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained on the Website.
- You will not interfere with or disrupt the Website or the servers or networks connected to the Website.
- You will not post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.
- You will not harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of the Site or another person or entity;
- You will not transmit or post sexually explicit images or other content which in our sole discretion is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content;
- You will not post or transmit chain letters, cash bots, or pyramid schemes; unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities;
- You will not post or transmit comments or content defamatory, libelous, slanderous, disparaging, or otherwise offensive against the CEVO organization or its sponsors, products, officials, or players;
You understand and agree that we may review and delete Content, in whole or in part, at any time. Such deletion shall be at our sole discretion, and may occur, without limitation, if we believe Content violates or may violate CEVO Terms and Conditions, or might be offensive, illegal, or that might violate the rights of others. Use of the Site is granted with our permission, which may be revoked at any time, for any reason, in our sole discretion.
10. No Endorsements or Recommendations.
The Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting, directly or indirectly, from your reliance on information, or other content posted on or transmitted through the Site, or from goods or services available on or through the Site.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATES, COMPANIES, LICENSORS, EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS AND OTHER USERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATED TO YOUR USE OF THE SITE, YOUR BREACH OR VIOLATION OF ANY CEVO TERMS AND CONDITIONS, YOUR DEALINGS WITH OTHER USERS, AND CONTENT POSTED OR TRANSMITTED BY YOU. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section, in which case you shall provide us with such cooperation as is reasonably requested by us.
- a. We are not responsible for any Content. We are not responsible for the conduct, whether online or offline, of any user.
- b. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications.
- c. THE SITE, AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION TOURNAMENTS, ARE EACH PROVIDED "AS-IS", AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS DAMAGE OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES RELATED TO THE SITE, OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE.
- d. We cannot guarantee and do not promise any specific results from use of the Site. We do not warrant that the Site (including without limitation products or services available on or through the Site) will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the information, data and other materials available on or through the Site. We are not responsible for the availability or content of other services that may be linked to from the Site. We reserve the right to correct any errors or omissions in the Site with or without notice. Although we intend to take commercially reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Service, we do not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. IF YOU RELY ON THE SERVICE OR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
- e. We do not guarantee that any games played through the Site, including without limitation Tournaments, will be free of cheats, hacks, or programming errors that may affect the outcome.
13. EXCLUSIONS OF DAMAGES AND LIMITATIONS OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THIRD PARTY INFORMATION PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, IN ANY WAY RELATED TO THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO US FOR PRODUCTS OR SERVICES THROUGH THE SITE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE DAMAGE.
14. Copyright Policy.
if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send all such notices to firstname.lastname@example.org.
15. U.S. Export Controls.
Software, applications, widgets, gadgets and other tools made available on the Site ("Software") are each subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You may terminate your access to the Site at any time.
We may terminate your access to the Site and/or products or services made available through the Site at any time if you breach any CEVO Terms and Conditions. Your outstanding payment obligations, if any, and Sections 6, 7, 11, 12, 13 and 17 of these Conditions, shall survive expiration or termination of your subscription.
17. Other Terms.
Except for notices under Section 14, all notices and other communications sent by you to us under these Terms shall be in writing, effective upon receipt, and sent to our contact information address as posted on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law.
Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the Terms, and shall not affect the validity and enforceability of any remaining provisions or of any CEVO Terms and Conditions. The CEVO Terms and Conditions represent the entire agreement between CEVO and you relating to the subject matter herein. We may change the Terms upon such notice, if any, as may be required by law.
We shall not be liable to you or any other person or entity for any delay or failure in the performance of these Terms or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire, strike or any other causes beyond our reasonable control.
We may seek injunctive or other equitable relief, wherever we deem appropriate, to protect or enforce our rights under these Terms.
No waiver of these Terms shall be effective unless it is in writing and signed by an authorized representative of CEVO, and any such waiver shall only be applicable to the specific instance referenced in such writing.
You shall not be construed to be a third party beneficiary of any agreement between us and any third party.
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