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INTRODUCTION AND ACCEPTING THE TERMS
RIGHTS TO USE FOR THE PRODUCT OR SERVICE
The Product or Service provides access to a cheat clients to help gain skill in games, and guides relating to the client. The Product or Service also may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Product or Service. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Product or Service, solely for your personal, non-commercial use. You agree not to (and not to attempt to) (i) use the Product or Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Product or Service or any portion of the Product or Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licencors, except for the permissions and rights expressly granted in these Terms. The company reserves the right to modify or discontinue, temporarily or permanently, the Product or Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Product or Service without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Product or Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
Optional paid Product or Services may be available on the Site. When utilizing an optional paid Product or Services, you agree to pay EliteCheatz# the subscription fees as indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the Product or Service and will cover the use of that service or product for the period indicated.
REFUNDS AND YOUR RESPONSIBILITIES
EliteCheatz#, at it's sole discretion, may choose to issue a refund for a fee paid to EliteCheatz# for a Product or Service offered by EliteCheatz#, typically when a hardware or software incompatibly is identified and can not be addressed. However, it is our responsibility to review any system requirements that may be indicated and verify that you meet said requirements.
DISPUTES AND REVERSALS
Your purchase of the Product or Service is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. Payment disputes and reversal may only be opened if (i) you make reasonable attempts to contact EliteCheatz to attempt to resolve the issue first, and (ii) the Product or Service delivered are not as described in this agreement. Disputes or payment reversals are not permitted in the event that a EliteCheatz# product or service is detected by any type of Anti-Cheat.
You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Product or Service. Upon launching the Product or Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address, a key or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account, any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
We may communicate with you by email or posting notice via the Product or Service. You agree to receive email from us at the email address you provided to us for customer service-related purposes. By using the Product or Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Product or Service. You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at support L2VINTAGE1989@MAIL.COM.
INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in and to all materials that are part of the Product or Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Product or Service Materials", are, as between the Company and you, owned by the Company and/or its third party licencors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Product or Service or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Product or Service without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Product or Service or by accessing any Product or Service Materials posted on the Product or Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licencors, and no license is granted here under by estoppel, implication or otherwise.
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Product or Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Product or Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content in connection with operating and providing the Product or Service.The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Product or Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content.The Company reserves the right to remove and permanently delete Your Content from the Product or Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing L2VINTAGE1989@MAIL.COM.
VIRTUAL CURRENCIES AND VIRTUAL GOODS
The Product or Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Product or Service. Doing so is a violation of the Terms and may result in termination of your Account with the Product or Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Product or Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Product or Service.
RULES OF CONDUCT AND USAGE
The Product or Service provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Product or Service users. The Company has no obligation to monitor these communication channels but it may do so in connection with providing the Product or Service.The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Product or Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our rules page as well as any additional restrictions or rules (such as application-specific rules) set forth in the Product or Service. As an example, you agree not to use the Product or Service in order to:
-> defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
-> upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;
-> attempt to obtain passwords or other private information from other members;
-> attempt to impersonate trusted members of the community;
-> to scam and rip other users of the Product or Service off;
-> improperly use support channels or complaint buttons to make false reports to us;
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, rules page or improper use of the Product or Service and to take action including termination of your Account and exclusion from further participation in the Product or Service.
We appreciate hearing from our users and welcome your comments regarding the Product or Service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the Product or Service (“Feedback“ ) you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We use third-party services to help us provide the Product or Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Product or Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Product or Service. Some of these third-party websites may use Product or Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Product or Service.
You may terminate your Account at any time and for any reason by sending an email to L2VINTAGE1989@MAIL.COM. The Company may terminate your Account and your access to the Product or Service (or, at the Company's sole option, applicable portions of the Product or Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable and the Company is under no obligation to compensate you for any such loss.
DISCLAIMER OF WARRANTY
THE PRODUCT OR SERVICES AND THE PRODUCT OR SERVICE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE PRODUCT OR SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE PRODUCT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100.. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, EliteCheatz’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Product or Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Product or Service. As used in this section, "you" shall include anyone accessing the Service using your password.
INTERNATIONAL USE; EXPORT CONTROLS
Software available in connection with the Product or Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Product or Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
You are solely responsible for your interaction with other users of the Product or Service and other parties that you come in contact with through the Product or Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Product or Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Product or Service.
By visiting or using the Product or Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from these Terms or your use of the Product or Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Product or Service, and all charges related thereto.These Terms constitute the entire agreement between you and the Company with respect to your use of the Product or Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Product or Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.