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ClubXiangQi.com TERMS OF SERVICE
Three documents make up ClubXiangQi.com's Terms of Service ("TOS"):
the Rules of Play, the Privacy Policy, and the membership Agreement.
Your use of ClubXiangQi.com is subject at all times to our Rules of Play
and our Privacy Policy. Your use of ClubXiangQi.com constitutes your acceptance
of these terms. You may also become a member of ClubXiangQi.com by registering
on our site. To be a member, you must accept all of the terms and conditions
of the membership Agreement. If you have questions about any of these
documents, please contact us by sending an e-mail to webmaster@clubxiangqi.com.
ClubXiangQi.com RULES OF PLAY
The Rules of Play tell you what you can expect on ClubXiangQi.com, and
the kind of online behavior we expect of you. It also contains the terms
on which we make the game service and any software available. Our player
community is always evolving, so it's important that you periodically
check here for updates and new information. All of our games, activities
and other services, regardless of when they are added to ClubXiangQi.com
are governed by our Terms of Service.
Appropriate Online content.
ClubXiangQi.com does not pre-screen all content available on our service.
ClubXiangQi.com does not assume any responsibility or liability for content
that is provided by members or other guests on ClubXiangQi.com. ClubXiangQi.com
does not endorse, approve, or prescreen any content that you or other
users communicate on the service. We reserve the right to remove content
that is objectionable to us for any reason. Neither ClubXiangQi.com nor
its affiliates assume any liability for any failure to remove, or any
delay in removing, content. You bear the entire risk of the completeness,
accuracy or usefulness of content found on our service.
Members and other guests may generate content in chat rooms, message
boards, and in chat during games, etc. This kind of content must reflect
our standards, and we may remove it if, in our best judgment, it does
not meet those standards. If it's a serious offense or you've violated
our rules before, we may ban you from participating on ClubXiangQi.com
and terminate your account. content standards may vary depending on where
you are on ClubXiangQi.com, the type of game you are playing and the expectations
of the community. Strong vulgar language, crude or explicit sexual references,
discussions of illegal drugs, and hate speech are offensive and always
inappropriate content for ClubXiangQi.com. In other cases, there may be
"gray areas". Always use your best judgment. If you would not
say something in a room full of people you have never met, or in the workplace,
please don't post it on our message boards or chat. ClubXiangQi.com makes
the final determination about whether content is objectionable or not.
This determination is in our sole discretion, and is final.
ClubXiangQi.com representatives may monitor your communications on ClubXiangQi.com.
But, because we cannot monitor all of the content on ClubXiangQi.com,
and we do not attempt to do so, you might encounter something you don't
want to see. Some of the areas on ClubXiangQi.com allow you to filter
the chat you see. You can use this feature to reduce your exposure to
words you do not wish to see. Reading the game help documents, or asking
our ClubXiangQi.com staff members or other players in the game is a great
way to learn how to use these tools. Your good judgment in making reports,
particularly about the opinions of others, is important and appreciated.
ClubXiangQi.com does not endorse or oppose the opinions of any member
or guest, but we may take issue with the manner in which an opinion is
expressed.
Online Conduct
You agree that you will be personally responsible for your use of the
service and for all of your communication and activity on the service,
including any content you contribute, and that you will indemnify and
hold harmless ClubXiangQi.com and its affiliates, employees, officers,
and directors from any liability or damages arising from your conduct
on ClubXiangQi.com, including any content that you contribute. Online
conduct should be guided by common sense and basic etiquette. You will
violate the Terms of Service if you (or others using your account) do
any of the following:
- Post, transmit, promote, or distribute content that is illegal. Harass,
threaten, embarrass, or do anything else to another member or guest that
is unwanted. This means: don't say bad things about them, don't keep sending
them unwanted messages, don't attack their race, sexual orientation, religion,
heritage, etc. If you disagree with someone, respond to the subject, not
the person.
- Transmit or facilitate distribution of content that is harmful, abusive,
racially or ethnically offensive, vulgar, sexually explicit, defamatory,
infringing, invasive of personal privacy or publicity rights, or in a
reasonable person's view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness,
hitting the Return key repeatedly or inputting large images so the screen
goes by too fast to read, use of excessive shouting [all caps] in an attempt
to disturb other users, or flooding [posting repetitive text]. This is
online vandalism, and it ruins the experience for others.
- You may not impersonate another person (including celebrities), indicate
that you are an ClubXiangQi.com employee or a representative of ClubXiangQi.com,
or attempt to mislead users by indicating that you represent ClubXiangQi.com
or any of ClubXiangQi.com's partners or affiliates. Attempt to get a password,
other account information, or other private information from a member
or any other user on ClubXiangQi.com. Remember: ClubXiangQi.com employees
will NEVER ask for your password. Don't give your password, reminder words,
or billing information out to anyone. Upload any software or content that
you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking
or distribution of counterfeit software;
Upload files that contain a virus or corrupted data;
- Post messages for any purpose other than personal communication, or transmit
advertising, promotional materials, chain letters, pyramid schemes, or
make any commercial use of our service.
- Improperly use the in game support or complaint buttons or make false
reports to ClubXiangQi.com staff members.
- Obey the rules wherever you are. This includes rules for use of third
party tools, and rules of interactive service providers, state, local,
federal laws, or foreign or international law where appropriate. Ignorance
of the law is no excuse. Other services have their own rules, and you
should consult them before interacting. Illegal behavior.
- The laws that apply in the offline world must be obeyed online as well.
We have zero tolerance for illegal behavior on ClubXiangQi.com. We terminate
use of the service and cooperate with law enforcement on such matters.
Links to Third-Party Sites.
ClubXiangQi.com may include hyperlinks to websites operated by parties
other than ClubXiangQi.com , including advertisers and other content providers.
Those sites may collect data or solicit personal information from you.
ClubXiangQi.com does not control such websites, and is not responsible
for their content, privacy policies, or for the collection, use or disclosure
of any information those sites may collect.
Connecting to the service; Public Nature of Communications.
When you connect to ClubXiangQi.com, we may retrieve information from
the computer used to log onto the service about the computer's hardware
system and any data related to the computer's operation of ClubXiangQi.com
software. We will not collect any personal information about you, however,
without your knowledge and consent as stated in our Privacy Policy.
You acknowledge and agree that your communications with other users via
chats, conferences, bulletin boards, and any other avenues of communication
on this service are public and not private communications, and that you
have no expectation of privacy concerning your use of this service. You
acknowledge that personal information that you communicate on this service
may be seen and used by others and result in unsolicited communications,
therefore we strongly encourage you not to disclose any personal information
about yourself in your public communications on our service. ClubXiangQi.com
is not responsible for information that you choose to communicate to other
users on the service, or for the actions of other users.
Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on ClubXiangQi.com. Chain
letters and pyramid schemes are not allowed. You may not use any area
of ClubXiangQi.com to collect information, including login names, about
ClubXiangQi.com members, and use of such information to send unsolicited
e-mail or for any other purpose is strictly prohibited. You may not exploit
ClubXiangQi.com, or any games or services offered on ClubXiangQi.com for
any commercial purpose. Any violation of these provisions can subject
your ClubXiangQi.com acount to immediate termination (or result in revocation
of Guest status, if you are a guest) and further legal action.
Copyrights and Trademarks; Proprietary Rights.
You shall not copy or download any content from ClubXiangQi.com unless
we have expressly authorized you to do so. You must also have the legal
right to upload any content to ClubXiangQi.com before you do so. You shall
not copy, transmit, modify, distribute, show in public or in private,
modify or create any derivative works from the content you find on ClubXiangQi.com,
unless ClubXiangQi.com expressly authorizes you to do so. Making unauthorized
copies of any content found on ClubXiangQi.com can lead to the termination
of your ClubXiangQi.com acount (or revocation of Guest status, if you
are a guest) and may subject you to further legal action. Similarly, other
content owners may take criminal or civil action against you. In that
event, you agree to indemnify and hold harmless ClubXiangQi.com, affiliates,
employees, officers, directors and agents. Once you post or send any content
to ClubXiangQi.com, you expressly grant ClubXiangQi.com the complete and
irrevocable right to quote, re-post, use, reproduce, modify, distribute,
transmit, broadcast, and otherwise communicate, and publicly display and
perform the content in any form, anywhere, with or without attribution
to your screen name in ClubXiangQi.com's discretion, and without any notice
or compensation to you of any kind.
ClubXiangQi.com software.
Some games on ClubXiangQi.com may require that you download software onto
your computer ("ClubXiangQi.com software"). ClubXiangQi.com
grants to you a non-exclusive, limited license to use ClubXiangQi.com
software to play games on our service. You may not sub-license, or charge
others to use or access ClubXiangQi.com software. You may not use ClubXiangQi.com
software for any other purpose. You may not translate, reverse-engineer,
reverse-compile or decompile, disassemble or make derivative works from
ClubXiangQi.com software. You may not modify ClubXiangQi.com software
or use it in any way not expressly authorized in writing by ClubXiangQi.com
You understand that ClubXiangQi.com's introduction of various technologies
may not be consistent across all platforms and that the performance and
some features offered by ClubXiangQi.com may vary depending on your computer
and other equipment.
ClubXiangQi.com HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION
WITH YOUR USE OF THE ClubXiangQi.com SOFTWARE (INCLUDING LIABILITY FOR
ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE
OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION
ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
ClubXiangQi.com software may be subject to United States export controls.
By downloading ClubXiangQi.com software from ClubXiangQi.com, you warrant
that you are not located in any country, or exporting ClubXiangQi software
to any person or place, to which the United States has embargoed goods.
Limitations On Warranty And Liability.
YOU EXPRESSLY AGREE THAT THE USE OF ClubXiangQi.com, ClubXiangQi.com
SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ClubXiangQi.com, ClubXiangQi.com
SOFTWARE, ClubXiangQi.com PRODUCTS, THIRD-PARTY SERVICES AND PRODUCTS
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ClubXiangQi.com
PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE
THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS
OF YOUR CHOOSING, OR THAT ClubXiangQi.com WILL HAVE ADEQUATE CAPACITY
FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE
AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ClubXiangQi.com
IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT AS STATED IN
THE MEMBERSHIP AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT ClubXiangQi.com
AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR
ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE
OR USE OF ClubXiangQi.com SOFTWARE. IN NO CASE SHALL ClubXiangQi.com'S
OR ITS AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY,
"ClubXiangQi.com AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT
THAT YOU PAID TO ClubXiangQi.com FOR THE SERVICE. IN NO CASE SHALL ClubXiangQi.com
OR ClubXiangQi.com AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM YOUR USE OF ClubXiangQi.com, ClubXiangQi.com SOFTWARE,
THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF
OR MEMBERSHIP WITH ClubXiangQi.com. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ClubXiangQi.com'S
AND ClubXiangQi.com AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL
EXTENT PERMITTED BY LAW. ClubXiangQi.com DOES NOT ENDORSE, WARRANT OR
GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ClubXiangQi.com
AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ClubXiangQi.com MEMBERSHIP AGREEMENT
You become a member of ClubXiangQi.com by completing our registration.
This membership agreement is a legal document that explains your rights
and obligations as an ClubXiangQi.com member. Please read it carefully.
1. Membership Basis
ClubXiangQi.com membership allows you to participate in certain games
and activities on ClubXiangQi.com. This membership Agreement and any rules
or instructions posted on ClubXiangQi.com regarding a particular game,
activity, contest constitutes the entire agreement between you and ClubXiangQi.com
regarding your use of the service. If there is any conflict between the
membership Agreement and any other rules or instructions posted on ClubXiangQi.com,
ClubXiangQi.com shall resolve the conflict in its sole discretion.
As an ClubXiangQi.com member, you agree to all of the terms and conditions
of the Rules of Play and our Privacy Policy, which are incorporated into
this membership Agreement. When you accept this Agreement and complete
ClubXiangQi.com's registration process, you create an ClubXiangQi.com
account ("acount") and select a login name and password.
Your login name is your online identity. You may not use a login name
that is used by someone else, and your login name cannot be vulgar, or
otherwise offensive, or be used in any way that violates the Terms of
Service. You may not provide false information during the registration
process.
You are solely responsible for all activity on your acount and for the
security of your computer system. It is important that you not reveal
your password to other users. ClubXiangQi.com will not ask you to reveal
your password or ever initiate any contact with you asking for your reminder
words. You agree not to let anyone to use your account as well as not to use any account not created by you. You agree
to indemnify and hold ClubXiangQi.com harmless for any improper or illegal
use of your acount. This includes illegal or improper use by someone to
whom you have given permission to use your acount. Your acount is at risk
if you let someone use it inappropriately and your membership is subject
to termination if you or anyone using your acount violates our Terms of
Service. If your acount is terminated, you may not join ClubXiangQi.com
again without our express permission. You may not transfer the ownership of the account, sell or charge others for the right to use your account.
2. Charges, billing and free trials
You may be a member of ClubXiangQi.com without paying ClubXiangQi.com
to participate in a game or other activity. However, ClubXiangQi.com reserve
the right to charge monthly subscription fees to access certain areas
of the service, play certain premium games and participate in related
activities on ClubXiangQi.com. If you must pay a subscription fee to access
part of our service or play a particular game, this information will be
posted ClubXiangQi.com. You will be given the option to subscribe to the
game by providing us with a valid credit card number and billing information.
3. Online conduct and content
Please refer to the Rules of Play. If you, or anyone using your acount,
violate our online conduct or content standards, ClubXiangQi.com may take
action against your acount. We may issue you a warning about the violation,
or we may choose to immediately terminate your acount. You acknowledge
that ClubXiangQi.com is not required to provide you notice before terminating
your acount, but it may choose to do so.
4. Indemnification
Upon request by ClubXiangQi.com, you agree to defend, indemnify and hold
harmless ClubXiangQi.com and its parent, affiliates, subsidiaries, employees,
contractors, officers, directors, vendors, and content providers from
all liabilities, claims and expenses, including attorneys' fees, that
arise from a breach of this membership Agreement for which you are responsible
or in connection with your transmission of any content on ClubXiangQi.com.
ClubXiangQi.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you. In that event, you shall have no further obligation to provide
indemnification to ClubXiangQi.com in that matter. This Section 4 shall
survive termination of this Agreement.
5. Updates and modifications
ClubXiangQi.com may update or revise the membership Agreement at any
time. By becoming a member of ClubXiangQi.com, you agree that ClubXiangQi.com
may change the terms of this membership Agreement. If we revise the membership
Agreement, such revision shall be effective thirty (30) days after posting
the new membership Agreement on ClubXiangQi.com. You agree to review the
membership Agreement periodically to become aware of such revisions. You
can view the membership Agreement at any time by clicking on the Terms
of Service link at the bottom of our ClubXiangQi.com home page. Your continued
use of the service thirty (30) days after a revised Agreement is posted
on ClubXiangQi.com will mean that you accept all such revisions. If you
don't agree to the changes, or to any of the terms in this membership
Agreement, your only remedy is to cancel your acount (or subscription
to a particular area or game).
6. Termination
Either you or ClubXiangQi.com has the right to terminate or cancel your
membership or a particular subscription at any time. You understand and
agree that the cancellation of your acount or a particular subscription
is your sole right and remedy with respect to any dispute with ClubXiangQi.com
This includes, but is not limited to, any dispute related to, or arising
out of: (1) any term of this membership Agreement or ClubXiangQi.com 's
enforcement or application of this Agreement; (2) any policy or practice
of ClubXiangQi.com, including the Rules of Play and the Privacy Policy,
or ClubXiangQi.com 's enforcement or application of these policies; (3)
the content available through ClubXiangQi.com or any change in content
provided through ClubXiangQi.com; (4) your ability to access and/or use
ClubXiangQi.com; or (5) the amount or type of fees, surcharges, applicable
taxes, billing methods, or any change to the fees, applicable taxes, surcharges
or billing methods. In the event that your acount or a particular subscription
is terminated or canceled, no refund, including any membership fees, will
be granted. Active ClubXiangQi.com members may not allow former members
whose memberships have been terminated by ClubXiangQi.com to use their
acounts. Any delinquent or unpaid acounts or acounts with unresolved issues
with ClubXiangQi.com must be settled before ClubXiangQi.com may allow
you to register again.
7. Other legal terms
You agree that this membership Agreement is not intended to confer and
does not confer any rights or remedies upon any person other than the
parties to this Agreement. You also understand and agree that the ClubXiangQi.com
Rules of Play and the ClubXiangQi.com Privacy Policy, including ClubXiangQi.com's
enforcement of those policies, are not intended to confer, and do not
confer, any rights or remedies upon any person. If any part of this Agreement
is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall
remain in full force and effect. The laws of the State of California,
excluding its conflicts-of-law rules, govern this Agreement and your membership.
As noted above, member conduct may be subject to other local, state, national,
and international laws. You expressly agree that exclusive jurisdiction
for any claim or dispute with ClubXiangQi.com or relating in any way to
your membership or your use of ClubXiangQi.com resides in the courts of
Northern California and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of Northern California
in connection with any such dispute including any claim involving ClubXiangQi.com
or its parent, affiliates, subsidiaries, employees, contractors, officers,
directors, vendors and content providers.
You agree to abide by U.S. and other applicable export control laws and
not to transfer, by electronic transmission or otherwise, any content
or software subject to restrictions under such laws to a national destination
prohibited by such laws, without first obtaining, and then complying with,
any requisite government authorization. You further agree not to upload
to ClubXiangQi.com any data or software that cannot be exported without
prior written government authorization, including, but not limited to,
certain types of encryption software. The assurances and commitments in
this Section shall survive termination of this Agreement.
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