BackgammonBuddy provides its service to you subject to the following terms and conditions (the "Terms of Service").
BackgammonBuddy provides a collection of content, resources, tools, and technologies that enable users to enjoy chess and its surrounding culture (the “Service”). You accept that the Service may include advertisements. BackgammonBuddy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BackgammonBuddy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to be permitted to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the required fields in Service's registration form and in the optional fields if you so choose; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if BackgammonBuddy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BackgammonBuddy has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us
BackgammonBuddy is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians of children under the age of 13 who wish to allow their children access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child's usage. By allowing a child access to your account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.
While many portions of the Service do not require registration, you may register as a user of BackgammonBuddy to enjoy greater access or privileges. If you choose to register you will receive a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BackgammonBuddy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BackgammonBuddy cannot and will not be liable for any loss or damage arising from your failure to protect your account.
You acknowledge, consent and agree that BackgammonBuddy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content (as defined below) violates the law or the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BackgammonBuddy, its users and the public.
You acknowledge that BackgammonBuddy may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BackgammonBuddy’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BackgammonBuddy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BackgammonBuddy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BackgammonBuddy reserves the right to modify these general practices and limits from time to time.
You agree that BackgammonBuddy may, with or without cause, and without prior notice, immediately terminate your BackgammonBuddy account, any associated email address, and access to the Service. BackgammonBuddy may terminate with or without cause at any time and effective immediately, at BackgammonBuddy’s sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your BackgammonBuddy account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations shall be made in BackgammonBuddy’s sole discretion and that BackgammonBuddy shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree to not use the Service to:
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BackgammonBuddy username), use of the Service, or access to the Service. You agree that your BackgammonBuddy account is non-transferable.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BackgammonBuddy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BackgammonBuddy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BackgammonBuddy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that BackgammonBuddy may or may not pre-screen Content, but that BackgammonBuddy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, BackgammonBuddy and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. BackgammonBuddy may remove any Content on the Service for any reason and may suspend or terminate users or reclaim usernames at any time without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of BackgammonBuddy, its users, and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BackgammonBuddy and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
BackgammonBuddy does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BackgammonBuddy the following worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive license, with right of sublicense, to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform and publicly display any Content you submit or make available for inclusion on publicly accessible areas of the Service and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold BackgammonBuddy and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BackgammonBuddy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BackgammonBuddy has no control over such sites and resources, you acknowledge and agree that BackgammonBuddy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BackgammonBuddy 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, are and will remain the exclusive property of BackgammonBuddy and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of BackgammonBuddy used herein are trademarks or registered trademarks of BackgammonBuddy. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. BackgammonBuddy reserves all rights not expressly granted in these Terms of Service.
BackgammonBuddy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BackgammonBuddy for use in accessing the Service.