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.