End user agreement for 8BallClub Billiards Online
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
2. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement.
3. To obtain an Account, you will be required to choose both a login name and a player name. While you are encouraged to use a pseudonym (or alias), especially if you are a minor, you may not pick a name that violates anyone's trademarks, trade names, service marks, publicity rights or other proprietary rights or pick a name that is offensive.
4. Upon registration, you must select a password. You may not disclose your password to any third party.
5. We may suspend and/or terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement, repeatedly infringe any third party intellectual property rights or other proprietary rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of billiards competition, including:
- Letting other persons play rated games using a registered account.
- Intentionally losing game(s) boost another member's rating(s).
If we terminate this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Games, in which case we may provide you with a prorated refund of any prepaid amounts.
6. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Games and in chat rooms and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; (c) be defamatory, obscene, offensive, sexually explicit, vulgar, racist, abusive, pornographic or harmful to minors. We may take any action with respect to your Content if we believe your Content may be harmful to others or create liability for us or may cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.
7. Patches and Updates. Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. Licensor may update the Game remotely, including, without limitation, the Game Client residing on the user's machine, without knowledge or consent of the user, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game.
8. You may not use any third party software, programs, applications or utilities to modify the Software to change or otherwise affect, alter or modify play of the Games. You may not use our intellectual property rights contained in the Games. You may not sell, attempt to sell, purchase, attempt to purchase, auction or facilitate the purchase, sale or auction of any accounts, items, coin or copyrighted material relating to the Games. We shall retain ownership of all intellectual property rights relating to or residing in the Software, documentation and the Games. The Software is a "commercial item".
9. Limited Warranty. Licensor expressly disclaims any warranty for the Game, including the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user. Without limiting the foregoing, we do not ensure continuous, uninterrupted, reliable, error-free, secure or virus-free operation of the Software, the Games or your Account. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account.
10. You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Games. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations.
11. Duration of the "On-line" Component of the Game. This Game is an 'online' game that must be played over the Internet through the Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the License Agreement.