Terms of Service
Terms of Service
A Note from the Billiards Forum Team
The Billiards Forum is a website devoted to cue sports. We created it to organize and curate the vast wealth of fragmented cue sport information available on the web today. We ask that you treat our service and community with respect. Spam, personal attacks, and abusive language do not have a place on The Billiards Forum. If you ever stumble across anything on The Billiards Forum that seems to violate our policies, please be sure to drop us a note.
Accepting the Terms of Service
The Billiards Forum is an internet site for cue sports ("The Site" or "The Company") which is owned and operated by a private individual (the “Owner”). Please read these terms of service ("Agreement") carefully before using The Site or any services, features, data feeds, or content provided on The Site (collectively, "Services"). By using or accessing The Site and/or the Services through any technology or medium or by any other means, regardless of your registration status on The Billiards Forum, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use The Site or the Services. The Site and Services are accessed by You (the "User", or "You") under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, The Billiards Forum may offer to provide the Services, as described more fully on The Site, and which are selected by the User, solely for the User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services The Billiards Forum performs for the User, as well as the offering of any Content or User Content (as defined below), or Features on The Site. The Billiards Forum may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. The Billiards Forum may also impose limits on certain features and services or restrict the User's access to parts or all of the Services without notice or liability. The Billiards Forum reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on The Site and by providing notice via e-mail, where possible, or on The Site. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by the User following such modification constitutes the User's acceptance of the terms and conditions of this Agreement as modified.
The User certifies to The Billiards Forum that the User is an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on The Billiards Forum (including, for example, a name, address, telephone number or email address). The User also certifies that they are legally permitted to use the Services and access The Site, and takes full responsibility for the selection and use of the Services and access of The Site. This Agreement is void where prohibited by law, and the right to access The Site is revoked in such jurisdictions. The Billiards Forum makes no claim that The Site may be lawfully viewed or that Content may be downloaded in any jurisdiction. Access to the Content may not be legal by certain persons or in certain countries. If You access The Site, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
The Billiards Forum will use reasonable efforts to ensure that The Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when The Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by The Billiards Forum to minimize such disruption where it is within The Billiards Forum's reasonable control.
You agree that neither The Billiards Forum nor its Owner will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the Service, any User Content, or other Content.
The Billiards Forum retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access The Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You warrant and agree that you shall not: (i) engage in or facilitate spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through The Site or the Services offered on or through The Site, including without limitation any information residing on any server or database connected to The Site or the Services offered on or through The Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use The Site or the Services made available on or through The Site in any manner with the intent to interrupt, damage, disable, overburden, or impair The Site or such Services, including, without limitation, sending mass unsolicited messages or flooding servers with requests; (iv) use The Site or the Services in violation of The Billiards Forum or its Owners or any third party's intellectual property or other proprietary or legal rights; or (v) use The Site and/or Services in violation of any applicable law.
You further warrant and agree that You shall not attempt (or encourage or support any attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with The Site or The Site’s Services, or any Content or User Content thereof, or make any unauthorized use thereof. You agree that You shall not use The Site in any manner that could damage, disable, overburden, or impair The Site or interfere with any other party's use and enjoyment of The Site or any of its Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through The Site.
2. Site Content
The Site and its contents are intended solely for the use of Billiards Forum Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on The Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, data, audio and video, and animations (collectively, "Content") (other than Content posted by the User ("User Content")) are the property of The Billiards Forum and/or third parties and are protected by Canadian and international copyright laws.
All trademarks, service marks, and trade names are proprietary to The Billiards Forum and/or third parties. The User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through The Site and/or Services.
The Site is protected by copyright, pursuant to Canada copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, the User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
The User may download or copy the Content, and other items displayed on The Site for download, for personal use, provided that the User maintains all copyright and other notices contained in such Content.
Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from The Billiards Forum, or from the copyright holder identified in such Content's copyright notice. In the event You download software from The Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to You by The Billiards Forum or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. The Billiards Forum or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
3. User Content
You agree that all User Content that You contribute to The Site is perpetually and irrevocably licensed to The Billiards Forum.
You grant The Billiards Forum a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, cache, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any User Content (in whole or part) in any form, media, or technology now known or hereinafter developed, including for promotional and/or commercial purposes ("Content License"), in order to provide the Services, even if such the User Content has been contributed and subsequently removed by You. Without limiting the generality of the previous sentence, you authorize The Billiards Forum to include the information you provide in a searchable format that may be accessed by members, viewers, management, owners, and other Users. You also grant The Billiards Forum the right to use your name (legal, and/or screen) and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material. All rights in this section are granted without the need for any additional compensation of any sort to you.
Please also review our Content Policy, which governs the type and nature of User Content that The Billiards Forum deems acceptable and to which You agree to be bound as a User of The Site.
The User warrants, represents and agrees the User has the right to grant The Billiards Forum and its Owner the rights set forth above.
The User represents, warrants and agrees that it will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the User owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after the User has been notified that such User Content violates any of sections (a) to (e) of this sentence.
The Billiards Forum reserves the right to remove any User Content from The Site, re-post to The Site any User Content removed by any User or former User, suspend or terminate the User's right to use the Services at any time, or pursue any other remedy or relief available to The Billiards Forum and/or its Owner under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if The Billiards Forum is concerned that the User may have breached the immediately preceding sentence), or for no reason at all.
The user warrants and agrees that The Billiards Forum and/or its Owner is not responsible for maintaining any User Content that You provide, and that The Billiards Forum and/or its Owner may delete or destroy any such User Content at any time and for any or no reason at all.
The Billiards Forum and its Owner reserves the right, but do not have an obligation, to monitor and/or review all User Content posted to The Site or through The Site's services or features by the User, and The Billiards Forum and its Owner is not responsible for any such User Content posted by the User. However, The Billiards Forum and its Owner reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any Content, or User Content, in whole or in part, that in our sole discretion are objectionable or in violation of this agreement, our policies, or applicable laws.
The Site is protected by copyright, pursuant to Canada copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, the User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the User Content in whole or in part.
4. Restrictions and Prohibited Use
The User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services, Content, or User Content in violation of this Agreement may be grounds for termination of The User's right to Services or to access the Site. The User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from The Site, Service, or other Users.
Use of the Site or Services to violate the security of any computer Site, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will The User use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.
Any commercial or promotional distribution, publishing or exploitation of The Site, or any Content, User Content, code, data or materials on The Site or its embedded contents, is strictly prohibited except where specified by this agreement. Other than as expressly allowed herein, You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content, User Content, code, data or materials on or available through The Site or its embedded contents. You further agree that You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, User Content, code, data, or other materials on or available through The Site or its embedded contents, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You may, of course, edit Your own content where permitted by the Service or Feature in accordance with this Agreement. You acknowledge that You do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site or its embedded contents. If You make other use of The Site, or the Content, User Content, code, data, or materials thereon or available through The Site or its embedded contents, except as otherwise provided above, You may violate copyright and other laws of Canada, other countries, as well as applicable provincial laws and may be subject to liability for such unauthorized use.
5. Warranty Disclaimer
The Billiards Forum has no special relationship with or fiduciary duty to The User. The User acknowledges that The Billiards Forum has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content The User accesses via the Site; what effects the Content may have on The User; how The User may interpret or use the Content; or what actions The User may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or The User who posted the Content. The Billiards Forum does not monitor the Content of the Site and takes no responsibility for such Content. The User releases The Billiards Forum from all liability for The User having acquired or not acquired Content through the Site. The Site may contain, or direct The User to sites containing, information that some people may find offensive or inappropriate. The Billiards Forum makes no representations concerning any content contained in or accessed through the Site, and The Billiards Forum will not be responsible or liable for the accuracy, copyright compliance, correctness, legality, or decency of material contained in or accessed through the Site.
Although The Billiards Forum and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither The Billiards Forum nor the Site is responsible or liable in any way for the failure to store, preserve or access The User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site.
The Services, Content, Site and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Billiards Forum makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, The Billiards Forum disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that The Billiards Forum is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by The Users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by The Users; (4) the temporary or permanent inability to access or retrieve any The User Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
6. Third Party Websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of The Billiards Forum or the Site. Unless explicitly otherwise provided, neither The Billiards Forum nor its Owner make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. The Billiards Forum and its Owner disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the The Billiards Forum and its Owner with respect to such sites and third party content.
7. Registration and Security
As a condition to using Services, The User may be required to register with The Billiards Forum and select a password and profile name. The User shall provide The Billiards Forum with accurate, complete, and updated registration information, including The User's e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of The User's account. The User may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than The User without appropriate authorization. The Billiards Forum reserves the right to refuse registration of, or cancel a profile name in its discretion. The User shall be responsible for maintaining the confidentiality of The User’s password. The User is solely responsible for any use of or action taken under The User's password and accepts full responsibility for all activity conducted through The User's account and agrees to and hereby releases The Billiards Forum and its Owner from any and all liability concerning such activity. The User agrees to notify The Billiards Forum immediately of any actual or suspected loss, theft, or unauthorized use of The User's account or password. The Site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
You agree that all registration and profile information You provide to The Billiards Forum may become public information, and that You have no expectation with respect to the privacy of information and User Content You provide.
You agree that The Billiards Forum reserves the right to delete or modify in any way Your account/profile at its sole discretion (including, without limitation, deletion, freezing, locking, editing, merging, updating, or purging) at any time, for any reason at all.
The User will indemnify and hold The Billiards Forum, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorney's fees, from any claim or demand made by any third party due to or arising out of The User's access to the Site, use of the Services, the violation of this Agreement by The User, or the infringement by The User, or any third party using the The User's account, of any intellectual property or other right of any person or entity.
9. Limitation of Liability
In no event shall The Billiards Forum, its Owner, directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, The User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; (d) damages related to downloading or posting Content; or (e) damages related to investment decisions based upon, of the results obtained from, the content provided herein and nothing contained within The Site or produced by The Billiards Forum or its Owners or Users shall be construed as investment advice. The Billiards Forum's and its Owner’s collective liability under this agreement shall be limited to one United States Dollar. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to The User.
10. Fees and Payment
Some of the Services require payment of fees. All fees are stated in U.S. dollars. The User shall pay all applicable fees, as described on the Site in connection with such Services selected by The User, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. The User represents to The Billiards Forum that The User is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided "AS IS" with no warranties of any kind. The Billiards Forum may modify and/or eliminate such fee-based Services at its discretion. The User understands and agrees that the payment for virtual goods grants The User a limited license to use the virtual goods as specified on the Site.
The Billiards Forum may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
11. Orders for Products and Services
The Billiards Forum may make certain products available to Users of The Site. If You order any products, You hereby represent and warrant that You are of the legal age required to do so in your country of residence. You agree to pay in full the prices for any purchases You make by the payment method selected concurrent with your online order or by other payment means acceptable to the Billiards Forum. You agree to pay all applicable taxes in Canada and/or Your country of residence. If payment is not received by The Billiards Forum from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by The Billiards Forum or its Agents. Certain products that You purchase and/or download on or through The Site may be subject to additional terms and conditions presented to You at the time of such purchase or download.
Any transactions You enter into with a third party as a result of any communication or content on The Site (such as forums, classifieds, advertisements, content pages, affiliates pages, or through any other part of The Billiards Forum), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. The Billiards Forum is not a venue for commerce, and as such, You agree that The Billiards Forum and its Owner, directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) shall not be bound by, or liable for any loss or damage of any sort incurred as the result of any such third party agreement, transaction, or contract, and shall have no obligation to become involved in any way.
Either party may terminate the Services at any time by notifying the other party by any means. The Billiards Forum may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if The User breaches any of the terms or conditions of this Agreement or for any reason at all. Upon termination of The User's account, The User's right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve The User of any obligations arising or accruing prior to such termination or limit any liability which The User otherwise may have to The Billiards Forum or the Site, including without limitation any indemnification obligations contained herein.
15. Community Moderators
The Billiards Forum periodically appoints and elects moderators from the cue sport community. These moderators are bound by the Community Moderator Agreement (example agreement).
16. Proprietary Rights
As between You and The Billiards Forum and its Owner, The Billiards Forum and its Owner owns, solely and exclusively, all rights, title and interest in and to The Site, all the Content, User Content, code, data and materials thereon, the look and feel, design and organization of The Site, and the compilation of the Content, User Content, code, data and materials on The Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of The Site does not grant to You ownership of any Content, User Content, code, data or materials you may access on or through The Site or its embedded contents.
17. Copyright Policy
The Billiards Forum has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act. The address of The Billiards Forum's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.
Reporting Copyright Infringements
If You believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that The Billiards Forum is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party's physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, The Billiards Forum shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any User to The Site.
- The Billiards Forum will then immediately notify the The User responsible for the allegedly infringing material (the Offending The User) that it has removed or disabled access to the material.
- The Billiards Forum reserves the right, at its discretion, to immediately terminate the account of any The User who is the subject of repeated takedown notices.
Filing Copyright Counterclaims
A User who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with The Billiards Forum by providing the following items in writing to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):
- The specific URLs of material that The Billiards Forum has removed or to which The Billiards Forum has disabled access.
- User's name, address, telephone number, and email address.
- A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Halifax, Nova Scotia if your address is outside of the Canada), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- The User's signature.
Upon receipt of a counterclaim, The Billiards Forum will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If The Billiards Forum does not receive any such notification within 10 days, we may restore the material to the Site.
Attn: Copyright Agent
The Billiards Forum
Terms of Service
- Title: Terms of Service
- Author: billiardsforum (Billiards Forum)
- Published: 1/1/2006 11:00:22 AM
- Last Updated: 11/17/2016 8:11:33 AM
- Last Updated By: billiardsforum
Terms of Service