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LUDI Terms of Service (TOS)


1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The services of LUDI online games are owned and operated by LUDI.COM SA, place de Cornavin 14-16, CH-1201 Geneva and are provided to you ("User") under the terms and conditions of this LUDI Terms of Service Agreement (this "Agreement") and any operating rules and or policies that may be published by LUDI. This Agreement comprises the entire agreement between the User and LUDI and supersedes any and all prior agreements between the parties regarding the subject matter contained herein.

This service is provided to individuals who are at least 18 years of age or minors who have parental permission to open and maintain a LUDI account.

BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.


2. DESCRIPTION OF SERVICE

LUDI will provide the User with a capability to play online games with other users, and chat with them through the Web.

The User must:

1) provide for the User's own access to the World Wide Web and pay any service fees associated with such access;

2) provide all equipment necessary for the User to make such connection to the World Wide Web, including a computer and modem.

The User agrees to complete a Member's Profile which may be initiated during registration or at any other time which may be seen as convenient by LUDI.

In consideration of the Member's Profile, the User agrees to:

1) provide all required information as prompted to do so by LUDI;

2) keep the Member's Profile or any other required data current, complete and accurate.

If any information provided by the User is false or inaccurate, LUDI retains the right to terminate the User's right to use the service.

The User understands and agrees that the Service is provided "AS-IS" and that LUDI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.


3. MODIFICATIONS TO TERMS OF SERVICE

LUDI reserves the right to change this Agreement at any time. The User is responsible for regularly reviewing these terms of service. The User's continued use of the Service constitutes his agreement to all such terms, conditions, and notices.


4. IN CASE OF MODIFICATIONS TO SERVICE

LUDI reserves all rights to change or discontinue , temporarily or permanently, any and/or all service(s) with or without notice to the User. The User agrees that LUDI shall not be liable to him or to any third party for any modification, suspension or discontinuance of the Service


5. LUDI PRIVACY POLICY

It is LUDI's policy to respect the privacy of its Users; for more information about this, please see the LUDI Privacy Policy. In addition to the privacy of registration data as discussed above, LUDI logs on his servers but will not monitor, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to:

1) conform to the edicts of the law or comply with legal process served on LUDI;

2) protect and defend the rights and property of LUDI; or

3) act under exigent circumstances to protect the personal safety of its Users or the public.

The User acknowledges and agrees that LUDI does not endorse the contents of any User messages nor will LUDI assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein.


6. USER ACCOUNT, PASSWORD, AND SECURITY

On becoming a Member of LUDI, User shall choose a password and account name. The User is entirely responsible for maintaining confidentiality of the password or account name. The User is also responsible for any and all activities occurring from his or her account. LUDI has made it possible in LUDI for the User to change his or her password at any time by following instructions.

The User agrees to immediately notify LUDI of any unauthorized use of the User's account.


7. DISCLAIMER OF WARRANTIES

THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

LUDI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER LUDI NOR ANY BUSINESS AFFILIATES OF LUDI (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH USER BECAME A USER OF THE SERVICE) MAKES ANY WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LUDI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 

NEITHER LUDI NOR ANY BUSINESS AFFILIATES OF LUDI (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH USER BECAME A USER OF THE SERVICE) MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM LUDI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


8. LIMITATION OF LIABILITY

NEITHER LUDI NOR ANY BUSINESS AFFILIATES OF LUDI (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH USER BECAME A USER OF THE SERVICE) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF LUDI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


9. NO RESALE OR PROFITEERING OF THE SERVICE

The User's right to use LUDI is personal to the User. Although a User may choose to register multiple accounts, any account of the User is understood as a stand alone single account. However, the User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes (leasing or selling of accounts), any portion of the Service, use of the Service, or access to the Service, without the express consent of LUDI.


10. USER CONDUCT

The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state/provincial, national and international laws and regulations, and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

Under no circumstances will LUDI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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.

By way of example, and not as a limitation, you agree NOT to:

1) use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or messages unrelated to the game activity (commercial or otherwise);

2) harvest or otherwise collect information about others without their consent;

3) transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

4) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

5) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

6) interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

7) harm minors in any way

8) impersonate any person or entity, including, but not limited to, a LUDI official, a moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity

9) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

10) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges

11) use caps in excess. Typing in all caps (LIKE THIS) is considered screaming and is annoying other users.

12) "stalk" or otherwise harass another

13) broadcast illegal documents

14) cheat in any way

15) tournament entrance is subject to the specific tournament regulations

16) make systematic commercial or sexual requests to other users

17) advertise Ludi's competitors sites in any way

18) disregard directions given by the administrators

19) publicly comment on the moderators decisions and actions. Users implied in such actions may issue a request via the Contact page.

LUDI may, at its sole discretion, immediately terminate the service should a User's conduct fail to conform with these terms and conditions of this Agreement.

To prevent any protestation of such decisions, chats are logged on the LUDI server for a period of 3 months besides the current month, and are subject to the LUDI privacy policy described in chapter 5 of the present terms.


11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.


12. INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless LUDI, its employees, directors, officers, agents and business affiliates (including any such business affiliate through which User became a user of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.


13. UNDERSTANDING FOR TERMINATION

The User agrees that LUDI, in its sole discretion, may terminate his password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if LUDI believes that the User has violated or acted inconsistently with the letter or spirit of this TOS. LUDI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The User agrees that any termination of his access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agrees that LUDI may immediately deactivate or delete his account and all related information and files in his account and/or bar any further access to such files or the Service. Further, he agrees that LUDI shall not be liable to him or any third-party for any termination of his access to the Service.

The User further agrees that LUDI may terminate the User's password, account or use of the service if the User fails to use the service (i.e. log in) at least once during a 90-day period.


14. PROVISION OF NOTICE

All notices to a party shall be in writing and shall be made either through e-mail or conventional mail. LUDI may broadcast notices or messages through the service to inform Users of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Users.


15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

The User's correspondence with or participation in promotions of advertisers found on 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 the User and such advertiser. The User agrees not to hold either LUDI or any business affiliate of LUDI (including any such business affiliate through which user became a user of the service) 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.


16. PROPRIETARY RIGHTS TO CONTENT

The User acknowledges that any content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either the service or sponsor advertisements or e-mail-distributed, commercially produced information ("Content") presented to the User through LUDI by LUDI, its advertisers and/or its business affiliates, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the User is only permitted to use this Content as expressly authorized by LUDI, the advertiser and/or business affiliate, as applicable. The User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by LUDI, the advertiser and/or the business affiliate, as applicable.


17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LUDI has no control over such sites and resources, you acknowledge and agree that LUDI 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 LUDI 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.






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