Terms of Use

Welcome to the Cheaters website at Cheaters.com (“Site”) which is owned by Bobby Goldstein Productions, Inc. (“BGPI”). This Site is operated by BGPI, and all materials on the Site (the “Materials”) are owned by or subject to a right of use by BGPI. The Site may include Materials owned by third parties and posted on the Site by virtue of a license, grant or some other agreement for use between the third party and BGPI.

You are only authorized to access this Site or to use the Materials (regardless of whether your access of or use of the Site is intended) if you agree to abide by all applicable laws and to these Terms of Use, which constitute an Agreement between you and BGPI. Please read these Terms of Use carefully and save them. If you do not agree to be bound by them, you should leave this Site immediately.

Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at customerservice@cheaters.com.

Site Access

You may access the Site for its intended normal use. You may not use any device, software, routine or agent to interfere or attempt to interfere with the proper working of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure.

We grant you a nontransferable, limited license to view and use the Site only for your personal information, education or other non-commercial use. No part of the Site may be reproduced, republished, copied, transmitted or distributed in any manner without our express written permission or as authorized in these Terms of Use.

In order to use certain portions of the Site, we may ask you to register and create a user account by providing Personally Identifying Information (“PII”) such as your name, email address, postal address and telephone number. You agree to provide complete and accurate information about yourself in these instances. If we believe that the information you provide is incomplete or inaccurate, then we have the right to terminate your account and prohibit you from using the Site or portions of the Site. Our use of the information you provide is governed by the terms of our Privacy Policy — please review it. By viewing, browsing, accessing or using the Site automatically or otherwise, you agree to our Privacy Policy.

Children should always get permission from their parents before using the Internet and before sending any information about themselves (such as their names, email addresses, postal addresses and telephone numbers) over the Internet to BGPI or to anyone else. We won’t knowingly allow anyone under 13 to register with our Site or to provide any other PII through the Site without having first obtained parental permission to do so. If you are under 13, please do not register to use our Site or provide us with any PII without having first obtained parental permission to do so.

Some features and services on the Site require a user name and password for access. You are responsible for maintaining the confidentiality of your password and for use of the Site under your user name, password and other personal account information (whether by you or others). If you become aware of any unauthorized use of your user name, password or other personal account information, you agree to notify us immediately by sending a request to the Site Administrator at customerservice@cheaters.com.

Site Performance

While BGPI does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on the Materials contained in this Site at your own risk. The Site, and all Materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that BGPI does not warrant that the Site is fit for any particular purpose; that the functions contained in the Materials will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; or that the Site is accurate, error free or reliable.

Further, you acknowledge that BGPI, its subsidiaries and affiliates, together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

Links

While visiting the Site, you may be redirected to certain non-Cheaters sites. For example, we may provide links to other websites containing information or tools that we believe may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of these sites. We also do not warrant that these sites are free from any claims of copyright, trademark or other infringement of the rights of third parties, or that such sites are free of computer viruses. We are also not responsible for the content of any site linked to our site.

The Site may from time to time provide access to an “Embeddable Player” feature, and when it does, you may incorporate this feature into your personal website or use it when making a post to a third-party website (subject to that website’s Terms of Use) for your personal, non-commercial use only to access the Materials contained in the Site, provided that you include a prominent link back to our Site on the pages containing the Embeddable Player. The use of the Embeddable Player may be subject to additional terms and conditions.

If you link to our Site or incorporate Materials from our Site into your website as permitted above, you should not falsely imply or state that we sponsor, endorse or are otherwise affiliated with your website, unless you have obtained our express authorization to make such representation.

Intellectual Property Rights

All Materials contained in this Site are protected by copyright and trademark and must only be used by you for personal, non-commercial purposes. This means that you may only view or download Materials from this Site for your own use, and you must keep all copyright, trademark and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of Materials from this Site is strictly prohibited unless you have obtained the prior written consent of BGPI or unless it is expressly permitted by these Terms of Use. The Materials covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material, or stills from audio or video material available on this Site.

Requests for permission to reproduce or distribute Materials found on this Site can be made by contacting BGPI in writing at:

Bobby Goldstein Productions, Inc. 4516 Lovers Lane #104 Dallas, Texas 75225

You are also strictly prohibited from creating works or materials that derive from or are based on the Materials contained in this Site, including, without limitation and by way of example only, business letterhead and cards and other business documents, fonts, icons, link buttons, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. If you believe that any of the Materials contained in this Site infringes your copyright, you should notify BGPI of your copyright infringement claim in accordance with the following procedure. BGPI will process notices of alleged infringement which it receives and will take appropriate action as required by The Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:

Susan Shelton

Bobby Goldstein Productions, Inc.

4516 Lovers Lane #104

Dallas, Texas 75225

E-mail: shelton@bobbygoldsteinproductions.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 USCA §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cheaters, Cheaters.com, the Cheaters logo, and the Cheaters.com Site logos, marks and trade names are trademarks of Bobby Goldstein Productions, Inc. and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and none of the above trademarks may be copied, downloaded or otherwise exploited without the permission of BGPI or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use.

Prohibited Uses of the Site

You agree that in viewing, browsing, accessing or using the Site, you will not:

  • Restrict others from using the Site;
  • Attempt to gain unauthorized access to the Site or any of its Site features by means such as hacking, mining, or other means not intentionally made available through the Site;
  • Misrepresent yourself or your affiliation with any person or entity;
  • Harvest or otherwise gather other people’s Personally Identifiable Information, including names and email addresses, through the Site;
  • Ask minors for their Personally Identifiable Information, including names and email addresses, or seek to exploit minors through communications initiated through the Site;
  • Collect Materials available on the Site using any unauthorized means, including, without limitation, scraping, indexing, “bots,” or other automated methods of gathering content, without our express written consent.
  • Notwithstanding the foregoing, unless BGPI indicates otherwise, BGPI grants the operators of public search engines permission to use spiders to copy Materials from the Site for the sole purpose of creating publicly available searchable indices of the Materials. BGPI reserves the right to revoke such permission at any time.
  • Circumvent, disable or otherwise interfere with security-related features of the Site or Site features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or any Materials therein;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on our hardware and software infrastructure;
  • Except in permitted areas of the Site, and only in compliance with all applicable rules and policies pertaining to advertising on the Site (as supplied by BGPI in a separate agreement), (a) advertise or solicit users to buy or sell products or services or make any contributions, including, but not limited to, posting or transmitting chain letters, charity requests, petitions for signatures, spam and junk mail, and (b) use the Site for commercial purposes or engage in commercial activities without BGPI’s prior written consent, including, but not limited to, contests, sweepstakes, barter and pyramid schemes.

Advertisements and Site User Business Transactions

The Site may now or in the future offer opportunities on the Site for commercial merchants, other advertisers of products and services, and interactive Site Users to buy and sell items of personal and real property, services, employment opportunities and other commodities. Unless specifically stated otherwise, BGPI is never a party to any transaction between buyers and sellers on the Site. We accept no liability for any error or omission with respect to any advertisement placed on the Site or transaction occurring through the Site. Further, when you deal with a third-party merchant through our Site, you are subject to its terms and conditions and policies. For information about a merchant, its products, services, privacy policies, and any other applicable terms and conditions, contact that merchant directly or visit that merchant’s website. BGPI is not responsible for any damages that you incur or any claims you may have arising out of your purchase or use of any products or services from, or your dealings with or reliance on, third parties through the Site.

If we, at our option, choose to accept responsibility for an error or omission, such as, by way of example only, if we fail to accurately display an advertisement or contribute to an error in communication between the parties to a transaction, in no event shall our acceptance of responsibility in the single instance be an admission of responsibility in any other instance, and any damage arising therefrom shall be limited to actual damages incurred as a direct and proximate result of our conduct, and nothing more.

Limitation of Liability

BGPI shall never be liable for any indirect, incidental, special or consequential damages alleged to result from activity occurring on this Site or from any error or omission attributed or attributable to BGPI or any of its SUBSIDIARIES OR affiliates. IN NO EVENT WILL BGPI OR its SUBSIDIARIES’ OR AFFILIATES’ AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE, THE SITE MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, EXCEED THE AMOUNT PAID BY THE CLAIMANT TO BGPI, IF ANY, OR FIFTY DOLLARS (US $50), WHICHEVER IS LESS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, BGPI’S LIABILITY, AND THE LIABILITY OF BGPI’S SUBSIDIARIES OR AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS, LICENSEES AND SUBLICENSEES, IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER SUCH STATE LAW. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE NOT SATISFIED WITH THE SITE, THE MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR WITH THE TERMS OF USE OR PRIVACY POLICY, IS TO DISCONTINUE USE OF THE SITE.

Indemnity

As a Site user, you agree to defend, indemnify and hold harmless BGPI, its SUBSIDIARIES and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or occurring as a result of your misconduct in connection with the Site: (1) your actual or alleged negligent, reckless, intentional or willful misuse of this Site; (2) your breach or alleged breach of this Agreement; and (3) your infringement or alleged infringement of the copyright, trademark, proprietary or other rights of third parties.

Termination

BGPI reserves the right to immediately terminate your use of, or access to, this Site at any time if BGPI decides in its sole discretion that you have breached this Agreement or any relevant law, rule or regulation, or you have engaged in conduct that BGPI considers to be inappropriate or unacceptable.

Cure Right / Limitation of Action

Before seeking legal recourse for any harm you believe you have suffered from your access to the Site, you agree to inform us and to give us thirty (30) days to cure the harm. Thereafter, you must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any action.

Governing Law / Venue

All disputes, differences, and controversies arising under and in connection with this Agreement shall be settled and finally determined by arbitration in Dallas, Texas according to the rules of the American Arbitration Association now in force or hereafter adopted.

In the event any dispute arising hereunder or in connection with the Site cannot be finally resolved by arbitration as set forth in the preceding paragraph, you agree to be governed by, and this Agreement construed in accordance with, the laws of the State of Texas, notwithstanding any Conflicts of Laws principles to the contrary. You agree to submit to the exclusive jurisdiction of the courts of the State of Texas or, if appropriate, the United States District Court for the Northern District of Texas, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding, or to proceed as a class or group.

Severability

If any provision of these Terms of Use is found to be unlawful, void or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms of Use shall continue in full force and effect.

No Waiver

Any failure of ours to enforce or exercise any provision of this Terms of Use or related right shall not constitute a waiver of that right or provision.

Entire Agreement

These Terms of Use constitute the entire agreement between you and BGPI about the subject matter contained herein, and supersede all prior and contemporaneous agreements or other communications (written or oral) between you and BGPI.