Last Updated: June 26, 2015
Welcome to ChipGames! Thank you for using ChipGames.net and for taking the time to read this document.
These Terms apply to your access to, and use of, the website, and services (collectively, the “Services”) of ChipGames, and any parent or subsidiary (“ChipGames,” “we” or “us”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with ChipGames for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you violate these Terms.
ChipGames reserves the right to change or modify these Terms at any time and in our sole discretion. If ChipGames makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of the Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
The Services are not targeted towards, not intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray ChipGames or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a ChipGames logo or other proprietary graphic of ChipGames to link to the Services without the express written permission of ChipGames. Further, you may not use, frame or utilize framing techniques to enclose any ChipGames trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without ChipGames’ express written consent.
ChipGames makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of ChipGames and ChipGames is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ChipGames provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ChipGames of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Third-Party Products and Services
ChipGames may display advertisements and promotions from third parties on the Services or may otherwise provide information about, or links to, third-party products or services. ChipGames does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. ChipGames is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-ChipGames advertisers or third party information on the Services.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the ChipGames and/or our Services (“Feedback”) are non-confidential and shall become the sole property of ChipGames. ChipGames shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Content and Conduct
The Services may include interactive areas or services, such as forums, chat rooms, message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Services (collectively, “User Content“). You are solely responsible for your use of such interactive areas or services and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable.
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
- Unsolicited promotions, political campaigning, advertising or solicitations.
- Viruses, corrupted data or other harmful, disruptive or destructive files.
- User Content that, in the sole judgment of ChipGames, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose ChipGames or our users to any harm or liability of any type.
- You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner.
- Engage in fraudulent or dishonest activities in connection with the Services.
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users.
- Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes.
- Harvest or otherwise collect information about users, including email addresses, without their consent.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, ChipGames has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. ChipGames may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THE SERVICES AND CHIPGAMES MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHIPGAMES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. CHIPGAMES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE MATERIALS THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CHIPGAMES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ChipGames reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ChipGames.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL CHIPGAMES OR CHIPGAMES PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT OR THE MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM CHIPGAMES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHIPGAMES OR THE CHIPGAMES PARTIES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHIPGAMES FOR ACCESS TO OR USE OF THE SERVICES.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CHIPGAMES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CHIPGAMES.
You and ChipGames agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and ChipGames are not required to arbitrate any dispute in which either party seeks equitable and or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and ChipGames agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Dallas County, Texas; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CHIPGAMES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms or the Services, please contact us