IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4 BELOW.
Last Revised: January 24, 2017
Certain products, services, and digital content may from time to time be made available to you for purchase through the CMG Service. Those purchases are governed by the Terms of Sale, which are incorporated by reference into this Agreement and made part of this Agreement.
FOR RESIDENTS OF NORTH AMERICA AND CANADA ONLY: The CMG Service is made available only to persons aged eighteen years or older.
1. COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS THE CMG SERVICES.
By use of the Web Site You have the opportunity to participate in skill-based competitions. Some require You to pay an entry fee in order to participate. Some include an offer of payment to winners as a premium. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY COUNTRY WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By Your act of registering on the Web Site or participating in any such activity you warrant and represent for CMG’s reliance and that of CMG’s agents and employees and CMG affiliates that You have checked the laws of the country (or other applicable jurisdiction) from which you access the CMG Services, and that with good reason you understand that such activities are not prohibited or restricted by the applicable law. You will not be entitled to any prize or refund if the applicable law prohibits or restricts your participation in these activities. In any event, you access and use the CMG services at your own sole risk and acknowledge that CMG makes no warranty regarding compliance under the law if Your country or jurisdiction, of the CMG Services or any of them, and that no representative of CMG has authority to make such a warranty.
It is Your obligation (and not that of CMG) to pay all taxes imposed upon You or upon Your purchase of any property or service, by any taxing authority and to prepare and file all returns and reports required by the country or other jurisdiction where You reside or from where You access the CMG Service. “Taxes” include (but “Taxes” is not limited to) import duties, value added taxes, and taxes on prizes awarded to You for any use of the CMG Service.
3. SALES OF PROPERTY
From time we may offer for sale, goods or services that are advertised or posted on the Web Site. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that You may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) we shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that you supplied to us; it being understood that you bear the entire risk of loss or damage in transit, misdelivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the Web Site.
- CMG may at any time change or discontinue any aspect or feature of the CMG Service, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Eligibility to Participate in Contests
From time to time CMG and/or an independent contractor of CHG will include within the CMG Services (defined below) skill-only contests, competitions and tournaments for which an entry fee is required and that include an offer on money or other value as a premium for winners. Other competitions may be free to play and yet offer a premium award to winners. Participation in some contests for which an entry fee is charged may require participants’ enrollment in an augmented membership status on the Website, for which a fee is charged for the enrollment.
Competition for a premium with or without payment of an entry fee is open only to legal residents of the fifty (50) states of the United States of America, Washington D.C. and Canada who are at least eighteen (18) years of age at the time of entry. Paid competitions where premiums are offered to winners are sponsored by Checkmate Gaming, LLC c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958-9776 (U.S.A.) or (if so announced) by an independent contractor of Checkmate Gaming, LLC.. For a list of the free and paid competitions now available, the nature and value of the premiums offered and competition-specific rules that supplement these Terms and Conditions of Use, click HERE.
Free competitions are open to all persons, otherwise eligible, who participate in any state of the United States or the U.S. District of Columbia and Canada. An augmented membership status for which a fee is charged will not be required for participation in any free-to-play contest.
Competitions for which there is an entry fee are open only to persons who are otherwise eligible, have paid the entry fee required by the applicable competition-specific rules and who participate from within any of the following United States jurisdictions:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- Washington (D.C.)
- Washington State
- West Virginia
For the avoidance of doubt, participation in competitions for which an entry fee is charged by otherwise-eligible contestants from the following states, is blocked and prohibited:
Notwithstanding any status as a paying participant, no prize is awarded to winners who are younger than eighteen (18) years of age or participate from any of Arizona, Connecticut, Maryland and Quebec or participate from a jurisdiction where the awarding of a prize based on the participant’s results in the competition is prohibited, illegal, or restricted. To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant’s account with an internet service provider and throughout the competition will be eligible to participate only from that account and email address. An entrant’s participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in these Rules, the winner shall be the person in whose name the email account was opened.
Employees and agents of Checkmate Gaming, LLC, its content providers and advertisers, together with members of their immediate families and those living in their households, are ineligible to participate in any form of the competitions.
The competitions and your participation in them are void wherever prohibited or restricted by law. All federal, state and local laws and regulations apply.
The Sponsor reserves the right in its sole discretion to disqualify without notice and to block from participation any participant who fails to comply with any part of these rules.
Participants will be subject to disqualification and/or blocking for (among other acts) (i) misrepresentation of eligibility, (ii) attempting in any way to impair the function of the Sponsor’s Website or third-party web sites to which the Sponsor provides a link or to alter their functioning in any way, (iii) attempting to commit any form of fraud in connection with any competition, (iv) failure when requested by the Sponsor to furnish timely (and in any event within thirty days of the Sponsor’s request) an affidavit or declaration of eligibility in form and substance satisfactory to the Sponsor and that is legally binding in the jurisdiction of the participant’s residence or participation, (v) use of any message boards provided by the Sponsor in a manner that in the sole opinion of the Sponsor is inconsistent with the Sponsor’s message board guidelines set out in these Rules, (vi) participating in any competition or competitions while using multiple email addresses or email accounts, and (vii) any other act which in the Sponsor’s sole opinion is inconsistent with the integrity of any competition or the Sponsor’s goodwill or reputation.
CAUTION - ANY ATTEMPT BY A PARTICIPANT IN THE COMPETITION OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR TO SUBVERT, IMPAIR OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING AND NOT LIMITED TO ATTORNEY FEES AND COSTS OF COLLECTION, FROM ANY SUCH PARTICIPANT AND TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
3. Changed Terms:
CMG reserves the right, at any time and at our sole discretion, to change or modify this Agreement and/or the terms and conditions applicable to your use of the CMG Service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Except for Section 8 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof. You should periodically check this web page for any changes to this Agreement. Any continued use of the CMG Service by you after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions orThese provisions deletions. If any modification, change, addition or deletion to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the CMG Service.
4. BINDING ARBITRATION AND CLASS ACTION WAIVER:
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or use the CMG Service in the United States or Canada. These provisions may also apply to you if you are domiciled in and/or use the CMG Service from outside the United States or Canada. See JURISDICTION AND APPLICABLE LAW below for details.
Initial Dispute Resolution: CMG’s Customer Support department is available to address any concerns you may have regarding the CMG Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the CMG Service shall be finally settled by binding arbitration administered by in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Delaware County, Delaware, and you and CMG agree to submit to the personal jurisdiction of any federal or state court in Delawer County, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CMG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the CMG Service under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Changes to this Section: CMG will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
5. Jurisdiction and Applicable Law:
The CMG Service is made available subject to the terms of this Agreement.
For eligible residents of the United States of America, any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) will be subject to the laws of the State of Delaware, except to the extent that the Delaware conflict of law rules would require application of the law of any jurisdiction other than Delaware. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) shall be decided under the laws of the state where you were a resident at the time you obtained or bought the CMG Service that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Delaware County, Delaware to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.
You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the CMG Service and all charges related thereto.
7. CMG Service:
- We currently provide you with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming. Certain services are presently provided free of charge. Other services including participation on skill-only competitions, contests ant tournaments, will require payment of an entry fee and may involve an offer of a premium to winners or successful participants. This bundle of free and paid-for content, services, competitions and other benefits is sometimes referred to as the “CMG Service.”
- We do our best to make your experience with the CMG Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, you agree that the CMG Service are provided on an “AS IS” and “AS AVAILABLE” basis. CMG does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
- CMG reserves the right to change or discontinue, temporarily or permanently, the CMG Service at any time. You agree that CMG will not be liable to you or any third party for any modification or discontinuance of the CMG Service at any time for any reason or in the absence of a reason.
- Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the CMG Service, are those of their respective sources, author(s) or distributor(s) and not of CMG. CMG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the CMG Service and expressly disclaims any and all liability in connection such opinion, advice or statement.
- Your use of the CMG Service is at your own risk.
- The CMG Service may include hyperlinks to other websites or services solely as a convenience to you (“Third-Party Sites”). CMG has no control over Third-Party Sites. CMG does not endorse Third-Party Sites. CMG is not responsible for any Third-Party Sites or the information, advertising, products, services, materials and privacy protection contained on or accessible through any Third-Party Sites. You agree that CMG is not liable for any loss or damage which may be incurred by you as a result of the availability or your use of any Third -Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third-Party Sites. Your use of any Third-Party Sites or the services provided by them shall be governed only by such terms between you and such Third-Party sites.
8. Your Use of the CMG Service:
- You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms. Accurate records help us create better websites and provide us with opportunities to identify new services or products that may interest you. You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data.
- You shall use the CMG Service for only lawful purposes and in compliance with this Agreement. The CMG Service may include interactive areas or services, such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the CMG Service. You are solely responsible for your use of such interactive services and shall use them at your own risk.
- You shall comply with the following Rules of Conduct in connection with your use of the Website and the CMG Service . You shall not post, upload, distribute or otherwise transmit through the Website or any CMG Service, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity. (Music videos and videos can be an infringement if posted in the absence of written permission of the owner of the rights to them. Don’t post them on the Website or CMG Service unless you have written permission to do so from the owner of the rights.) By your act of posting any content on the Website or the CMG Service, you warrant and represent to CMG and its members, managers and affiliates that all postings that you make will comply with these rules and that you acknowledge that prohibited postings may expose you not only to being barred from the Website and the CMG Service but also to civil liability to CMG and others, and to exposure to criminal liability.
- The Rules of Conduct in connection with your use of the Website and the CMG Service also prohibit your posting, uploading, distribution or other transmission to or through the Website or any CMG Service, of any malware or spyware, or contain software viruses, corrupted data or other harmful, disruptive or destructive files 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; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles.
- The Rules of Conduct in connection with your use of the Website and the CMG Service also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the Website and the CMG Service, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the Website and/or the CMG Service or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the Website and/or the CMG Service, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the Website and/or the CMG Service, or to participate in any competition distributed through the Website or the CMG Service, including (and not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the Website and/or the CMG Service.
- You understand that, when using the Website and the CMG Service, you will be exposed to content from a variety of sources, and that CMG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the CMG Service. CMG does not pre-screen or endorse any third-party content and is not responsible or liable under any circumstances for such content.
- CMG offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. Certain conditions of eligibility to compete in the online competitions and tournaments are set out in Section e, above. Additional eligibility requirements may be disclosed in connection with each online competition and tournament. If you do participate in a competition or tournament but are ineligible to you, CMG’s offer of a premium award will not apply to you and you will not be allowed to collect any prize. As a condition precedent to collecting a prize to which you are eligible, you may be required to provide information reasonably requested by CMG and (for prize awards of more than $600) information that by law CMG requires to enable CMG’s preparation and filing of Internal Revenue Service Form 1099-MISC. CMG and/or any sponsor who provides a particular prize will if required report the value of the prize to federal and/or state taxing authorities.
9. Trade Marks, Copyright and Other Intellectual Property:
- The CMG Service and Website are owned and operated by CMG. All content, trademarks and other proprietary materials and/or information on the CMG Service and Website, including, without limitation, CMG’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). CMG (together with its subsidiaries, affiliated companies and third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the CMG Service and each Website under copyright laws. CMG owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the CMG Service and each Website as a collective work under copyright laws. CMG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All Materials contained in the CMG Service are the proprietary property of CMG or its subsidiaries or affiliated companies and/or third-party licensors.
- CMG, CheckMate Gaming, and the CMG logos (the “CMG Marks”)are the exclusive property of CMG and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). CMG hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the CMG Marks. Except as expressly noted in this Agreement, all other trademarks appearing on the CMG Service are the property of CMG, affiliates of CMG, or their respective owners. Unless otherwise agreed in writing by CMG, you agree that nothing in this Agreement gives you a right to use any of the CMG Marks or any of CMG’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- Unless otherwise expressly agreed in writing by CMG, you are granted only a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the Website and the CMG Service for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Website, the CMG Service and/or the Materials by accessing or otherwise using the Website and/or the CMG Service. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale or commercial use of the CMG Service or the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the CMG Service or the Materials, or any portion of them, or in any other way exploiting any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the CMG Service, the Materials or any information contained in them, except as expressly permitted on the CMG Service; or (f) any use of the CMG Service or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express permission of CMG and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the CMG Service or the Materials except as specifically authorized in this Agreement, without the prior written permission of CMG, is strictly prohibited. Any failure by7 yourself, solely or on combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you under this Agreement may be terminated by CMG at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by CMG.
10. Disclaimer of Warranty; Limitation of Liability:
USE OF ANY OF THE WEBSITE, CMG SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE AND/OR THE CMG SERVICE IS AT YOUR SOLE RISK. NEITHER CMG, CMG’S AFFILIATED COMPANIES, CMG’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “CMG PARTIES”) WARRANT THAT THE CMG SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE CMG SERVICE, OR OF ANY PRODUCT, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE WEBSITE AND/OR THE CMG SERVICE OR ANY PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE WEBSITE AND/OR THE CMG SERVICE OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.
CMG DOES NOT GUARANTEE THAT ANY PARTICULAR CMG SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT CMG WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. CMG MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAIILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. CMG RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT FEATURES IN ITS SOLE DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE (AND NOT FOR LIMITATION) , CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE CMG SERVICE, AND ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN EITHER OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE CMG PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND THE CMG SERVICE, AND AS TO ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE OR THE CMG SERVICE. CMG DOES NOT REPRESENT OR WARRANT THAT THE CMG SERVICE, ANY PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, , YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMG OR THROUGH THE CMG SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10, THE TERM “CMG” INCLUDES THE “CMG PARTIES.”
You agree to defend, indemnify and hold harmless CMG and the CMG Parties and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of the CMG Service; (d) a violation by you of any applicable law; (e) any content you post, store or otherwise transmit in or through the CMG Service; and/or (f) your violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. CMG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CMG, and you agree to cooperate with CMG’s defense of these claims, at your sole cost and expense.
You may unsubscribe at any time by sending an unsubscribe request to us at [email protected] and we will process your request within a reasonable time after receipt. You may unsubscribe from any premium membership at any time by going to accounts.checkmategaming.com/account/membership and canceling the auto-renew on your membership. CMG reserves the right, without limitation, without notice, and in our sole discretion, to terminate your license to use the CMG Service and your accounts and passwords to the CMG Service and to block or prevent your future access to and use of the CMG Service or your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement), CMG is required by applicable law, or CMG is no longer providing the CMG Service to users in the country in which you are a resident or from which you use the CMG Service. The foregoing includes CMG having the ability to terminate or to suspend your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (a) the CMG Service, (b) any provision of this Agreement, (c) any policy or practice of CMG in operating the CMG Service, or (d) any content or information transmitted through the CMG Service, is to terminate your account and discontinuing use of the CMG Service. The introductory paragraphs and all sections of these rules will survive any termination of your access to the Website.
14. Expectation of Privacy:
Communications made using the CMG Service should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.
15. Copyright Complaints
CMG respects the intellectual property of others. Accordingly, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CMG of your infringement allegation in accordance with the procedure below.
As set forth in our Copyright policy, CMG will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of alleged copyright infringement should be emailed to CMG Copyright Agent at: [email protected] (Subject Line: "DMCA Takedown Request"). You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:
Checkmate Gaming, LLC (Attention: DMCA Takedown Request) c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958-9776 (U.S.A.).
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regrding which the allegation is made;
- A description of the copyrighted work or other intellectual property that you claim has been infringed:
- A description of where the material that you allege is infringing is located on the Website, with enough detail that we may find it on the Website;
- Your physical mailing address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 or represent the copyright to intellectual property owner or areauthorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website, you may send a written counter-notice containing the following information to the Copyright agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
- Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Delaware, U.S.A. and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Checkmate Gaming, LLC will send a copy of the counter-notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer policy: In accordance with the DMCA and other applicable law, Checkmate Gaming, LLC has adopted a policy of terminating, in appropriate circumstances and at Checkmate Gaming’s sole discretion, the account and access to the Website of users who are deemed to be repeat infringers. Checkmate Gaming may also at its sole discretion limit access to the Site and/or terminate the participation of any users (Participants) who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. Other Provisions:
Please note that the United States Digital Millennium Copyright Act provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
Questions: Should you have any questions regarding this Agreement you may contact us through the Website or e-mail [email protected].
17. Changed Terms:
From time to time, CMG may need to amend this Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. If CMG makes such a change to this Agreement we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use the CMG Service after the changes have entered into force. In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you use the CMG Services. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.
18. Third-Party Trade Marks
All rights reserved. Xbox and Xbox One are registered trademarks of Microsoft Corporation. Microsoft Corporation is not affiliated with CheckMateGaming.com. PlayStation and PlayStation 4 are registered trademarks of Sony Computer Entertainment. Sony Computer Entertainment is not affiliated with CheckMateGaming.com. All other trademarks are the property of their respective owners.