Cheater’s Palace Terms of Service
(Effective:, May 13, 2019)
The Cheater’s Palace site, (http://www.CheatersPalace.com) web site and any derivative web site on which these Terms of Service are posted are owned and operated by Cheater’s Palace, Inc., a Nevada corporation, (“Cheater’s Palace”). Cheater’s Palace has adopted these Terms of Service (“Terms of Service” or “Agreement”) to make you aware of the terms and conditions of your use of the CheatersPalace.com website, any derivative web sites on which these Terms of Service are posted and any Content or other products or services that are offered or provided via the aforementioned web sites (collectively, the “WebSite”). In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to such representative, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person. By using the Web Site, you unequivocally agree to be bound by this Agreement, whether you are a “visitor” that simply browses the Web Site without registering an account or you are a “member” that registers an account on the Web Site.
Cheater’s Palace reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Service periodically for changes, and you hereby agree to periodically review these Terms of Service for such changes. The continued use of the WebSite following the posting of changes to these Terms of Service will constitute your acceptance of those changes.
BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO CHEATER’S PALACE OR ACCESSING CHEATER’S PALACE CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND CHEATER’S PALACE.
General Terms of Service and Restrictions on Use
Unless otherwise expressly provided herein, Cheater’s Palace hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Service. All rights not otherwise expressly granted by these Terms of Service are reserved by Cheater’s Palace. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site. You may not obscure or remove any proprietary rights notices contained in or on the Content.
Cheater’s Palace may discontinue or alter any aspect of the Web Site, modify, alter or remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at Cheater’s Palace’s sole discretion and without prior notice or liability. You agree that Deceivr may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Service or other agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Deceivr’s sole discretion and without liability to you or any third party.
Cheater’s Palace Intellectual Property
Unless otherwise specifically noted in these Terms of Service, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, Cheater’s Palace (trademark,) are the property of Cheater’s Palace and/or its licensors and may not be used without Cheater’s Palace’s prior written consent. Trademarks and copyrighted materials owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of Cheater’s Palace, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Service. Any unauthorized use of any Content, whether owned by Deceivr or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so.
To take advantage of certain functionality and capabilities of the Web Site (e.g., to upload and/or manage Content), you may be required to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process (or Cheater’s Palace may assign initial registration information that you will have the option to change). You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Cheater’s Palace in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Deceivr may refuse to grant a particular username to you for any reason, including, without limitation, in the event Cheater’s Palace determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Web Site contains or provides access to information, photos, video, text, graphics, music, sounds or other material provided by Cheater’s Palace or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. Users who upload User Content to Cheater’s Palace represent and warrant that they are the owners or authorized licensees of that User Content and legally entitled to distribute it through the Cheater’s Palace service. Cheater’s Palace does not claim any ownership rights in such User Content. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Web Site. By posting User Content via the Web Site, however, you hereby grant to Cheater’s Palace a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content. For the avoidance of doubt, references to Content shall include User Content. If You upload User Content for which you are not the owner or an authorized licensee, You agree that the damages Deceivr suffers as a result of your material misrepresentation of ownership and potential liability to third parties would be difficult to calculate, and agree that Deceivr shall be entitled to liquidated damages of $10,000 per infringing file, piece or item of User Content. You further agree to release and Deceivr harmless for all uses of User Content you submit to Deceivr, and agree to indemnify Deceivr for all costs and legal expenses arising from, related to or in connection with Your misrepresentations as to the ownership and/or licensing of Your User Content. For the avoidance of doubt, references to Content shall include User Content.
The Web Site and/or Content accessed or downloaded via the Web Site may contain links to other web sites, content or resources on the Internet. Because Cheater’s Palace has no control over such websites, content or resources, you acknowledge and agree that Cheater’s Palace is not responsible for the availability of such external web sites, content or resources. Deceivr does not endorse and is not responsible or liable for any advertising, products, or other information or materials contained therein or for any privacy or other practices of the third parties operating such web sites, content or resources. You further acknowledge and agree that Deceivr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such information, materials, goods or services available on or through any such web site, content or resource. Deceivr strongly encourages you to review any separate terms of service and privacy policies governing use of the foregoing.
Cheater’s Palace may allow users to place Orders for Content, products and/or services via the Web Site or through its third-party affiliates. “Order” shall mean any order placed by a user for Content, products and/or services via the Web Site that is accepted by Cheater’s Palace. In the event that you are a user placing an Order, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that Cheater’s Palace has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.
Upon placing an Order, you shall pay to Cheater’s Palace the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism. Cheater’s Palace may utilize the services of certain third party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.
Prices and availability of Content, products and/or services are subject to change without notice. Errors will be corrected where discovered, and Cheater’s Palace reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, Cheater’s Palace will issue you the appropriate credit within a reasonable time after your Order has been revoked. You agree to the following restrictions regarding your Order(s): (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sub license or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) decompile, reverse engineer, disassemble or otherwise reduce any object code relating to the Content to human perceivable form, (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; (e) you will not obscure or remove any proprietary rights notices contained in or on the Content; and (f) you will not export the Content in violation of applicable laws. Content is licensed and not sold.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to Cheater’s Palace: (1) you are owner of such User Content or otherwise have the right to grant Cheater’s Palace the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’; rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE CHEATER’S PALACE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES.
You are solely responsible for all content or information you publish or display (hereinafter, “post”) on the Web Site. You will NOT post on the Web Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person. You will use the Web Site in a manner consistent with any and all applicable laws, regulations, rulings and orders. By posting information on the Web Site, you warrant and represent that the information is truthful and accurate. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law. Cheater’s Palace does not and cannot review each message posted by users of the Web Site and Cheater’s Palace is not responsible for the information, message or contents of such Content. Cheater’s Palace reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm or damage to property, and (iv) private financial information such as social security numbers and credit card information.
Additionally, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (b) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software,hardware, system or telecommunications equipment; (c) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (d) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (e) use of the Web Site to gain competitive intelligence about Cheater’s Palace, the Web Site or any product or service offered via the Web Site or to otherwise compete with Cheater’s Palace or its affiliates; (f) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (h) use of the Web Site to engage in any activity that, as determined by Cheater’s Palace, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
Cheater’s Palace shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms of Service. Cheater’s Palace uses reasonable efforts to maintain the Web Site, but Cheater’s Palace is not responsible for any defects or failures associated with the Web Site, any part thereof, any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Cheater’s Palace may undertake from time to time, or (c) causes beyond the control of Cheater’s Palace or which are not foreseeable by Cheater’s Palace. In addition, Cheater’s Palace makes no guarantees as to the Content or as to web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site or any Content made available thereon, including as to the accuracy, content, or quality of any such Content, sites and information or the privacy or other practices of any such Content provider or site.
Cheater’s Palace does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Cheater’s Palace reserves the right, but has no obligation, to monitor, modify, alter or otherwise remove User Content after it is posted on the Web Site, including as required or permitted by law or otherwise in the sole discretion of Cheater’s Palace.
Despite the fact that it has no monitoring obligations, Cheater’s Palace reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Service. Because the User Content offered via the Web Site is provided by other users, and because Cheater’s Palace does not monitor or exercise control over the User Content, Cheater’s Palace does not make any warranties or representations regarding any of the Content offered via the Web Site or the quality thereof.