TOS & Privacy Policy

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

Last Revised: November 13, 2020

TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA AND CANADA

Welcome and thank you for visiting our website and applications, which includes without limitation CetoGaming.com and any other website or application on which this Terms of Use and Service Agreement appears (each a “Website”). This Terms of Use and Service Agreement (“Agreement”) applies to this website and any other service offered by CETO. Certain services offered by CETO may be subject to separate terms of use, in which case, we will let you know what terms will apply to those services.

Certain products, services, and digital content may from time to time be made available to you for purchase through the CETO Gaming website. Those purchases are governed by the Terms of Sale, which are incorporated by reference into this Agreement and made part of this Agreement.

CETO knows that the privacy of your personal information is important to you. For more information about CETO’s data protection practices, please read our Privacy Policy, which for residents in North America is incorporated by reference into this Agreement and made part of this Agreement. The Privacy Policy explains how CETO processes your personal information, and protects your privacy, when you participate in Ceto Gaming tournaments. Your access to and participation in a Ceto tournament shall be subject to CETO’s Privacy Policy, and if you are a resident in the United States of America or Canada, your agreement to the policies terms of use and service is set out in this document and in those that are incorporated into it by reference in this document.

FOR RESIDENTS OF NORTH AMERICA AND CANADA ONLY: Ceto Gaming tournaments are made available only to persons aged fourteen years or older.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE CETO SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND CETO. BY REGISTERING FOR, ACCESSING, BROWSING OR PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE WEBSITE AND/OR CETO TOURNAMENT, YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT PARTICIPATE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR INTERACTION WITH CETO GAMING AND THE WEBSITE. IF YOU REJECT THIS AGREEMENT OR CETO’S PRIVACY POLICY, YOUR RETURN RIGHTS IN RELATION TO CETO GAMING ARE GOVERNED BY YOUR STATUTORY RIGHTS IN YOUR COUNTRY. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY RIGHTS.

TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF COUNTRIES OTHER THAN THE UNITED STATES OF AMERICA AND CANADA.

PLEASE READ THIS AGREEMENT FOR CETO GAMING TOURNAMENTS AND THE TERMS OF USE AND SERVICE FOR RESIDENTS OF THE UNITED STATES AND CANADA. EXCEPT AS CONTRADICTED BY THE LAW OF THE COUNTRY FROM WHICH YOU ACCESS THE CETO SERVICE, THE TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA AND CANADA (INCLUDING THE PRIVACY POLICY), AS MODIFIED AND SUPPLEMENTED BY THE TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF COUNTRIES OTHER THAN THE UNITED STATES OF AMERICA AND CANADA, IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND CETO. BY REGISTERING FOR, ACCESSING, BROWSING OR PARTICIPATING IN CETO TOURNAMENTS OR THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ IN ENGLISH, UNDERSTAND IN ENGLISH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

1. COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS CETO SERVICES.

By use of the Web Site You have the opportunity to participate in skill-based competitions. Some require You to pay an entry fee in order to participate. Some include an offer of payment to winners as a premium. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY COUNTRY WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By Your act of registering on the Web Site or participating in any such activity you warrant and represent for CETO’s reliance and that of CETO’s agents and employees and CETO affiliates that You have checked the laws of the country (or other applicable jurisdiction) from which you access the CETO Services, and that with good reason you understand that such activities are not prohibited or restricted by the applicable law. You will not be entitled to any prize or refund if the applicable law prohibits or restricts your participation in these activities. In any event, you access and use the CETO services at your own sole risk and acknowledge that CETO makes no warranty regarding compliance under the law if Your country or jurisdiction, of the CETO Services or any of them, and that no representative of CETO has authority to make such a warranty.

2. TAXES

It is Your obligation (and not that of CETO) to pay all taxes imposed upon You or upon Your purchase of any property or service, by any taxing authority and to prepare and file all returns and reports required by the country or other jurisdiction where You reside or from where you access the CETO Service. “Taxes” include (but “Taxes” is not limited to) import duties, value added taxes, and taxes on prizes awarded to You for any use of the CETO Service.

3. SALES OF PROPERTY

From time we may offer for sale, goods or services that are advertised or posted on the Web Site. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that You may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) we shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that you supplied to us; it being understood that you bear the entire risk of loss or damage in transit, mis-delivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the Web Site.

1. GENERAL:

CETO may at any time change or discontinue any aspect or feature on CetoGaming.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

When participating in CETO’s website or activities, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement, except for the Privacy Policy for residents outside North America.

2. ELIGIBILITY TO PARTICIPATE IN CONTESTS

From time to time CETO and/or an independent contractor of Ceto will include within the CETO Gaming Tournaments (defined below) skill-only contests, competitions and tournaments for which an entry fee is required and that include an offer on money or other value as a premium for winners. Other competitions may be free to play and yet offer a premium award to winners. Participation in some contests for which an entry fee is charged may require participants’ enrollment in an augmented membership status on the Website, for which a fee is charged for the enrollment.

Competition for a premium with or without payment of an entry fee is open only to legal residents of the fifty (50) states of the United States of America, Washington D.C. and Canada who are at least fourteen (14) years of age at the time of entry. Paid competitions where premiums are offered to winners are sponsored by CETO LLC (U.S.A.) or (if so announced) by an independent contractor of CETO LLC.

Free competitions are open to all persons, otherwise eligible, who participate in any state of the United States or the U.S. District of Columbia and Canada. An augmented membership status for which a fee is charged will not be required for participation in any free-to-play contest.

Competitions for which there is an entry fee are open only to persons who are otherwise eligible, have paid the entry fee required by the applicable competition-specific rules and who participate from within any of the following United States jurisdictions:

Alabama

Alaska

Arkansas

California

Colorado

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington (D.C.)

Washington State

West Virginia

Wisconsin

Wyoming

For the avoidance of doubt, participation in competitions for which an entry fee is charged by otherwise-eligible contestants from the following states, is blocked and prohibited:

Arizona

Connecticut

Notwithstanding any status as a paying participant, no prize is awarded to winners who are younger than fourteen (14) years of age or participate from any of Arizona and Connecticut or participate from a jurisdiction where the awarding of a prize based on the participant’s results in the competition is prohibited, illegal, or restricted. To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant’s account with an internet service provider and throughout the competition will be eligible to participate only from that account and email address. An entrant’s participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in these Rules, the winner shall be the person in whose name the email account was opened.

Employees and agents of CETO LLC, its content providers and advertisers are ineligible to participate in any form of the competitions.

The competitions and your participation in them are void wherever prohibited or restricted by law. All federal, state and local laws and regulations apply.

The Sponsor reserves the right in its sole discretion to disqualify without notice and to block from participation any participant who fails to comply with any part of these rules.

Participants will be subject to disqualification and/or blocking for (among other acts) (i) misrepresentation of eligibility, (ii) attempting in any way to impair the function of the Sponsor’s Website or third-party web sites to which the Sponsor provides a link or to alter their functioning in any way, (iii) attempting to commit any form of fraud in connection with any competition, (iv) failure when requested by the Sponsor to furnish timely (and in any event within thirty days of the Sponsor’s request) an affidavit or declaration of eligibility in form and substance satisfactory to the Sponsor and that is legally binding in the jurisdiction of the participant’s residence or participation, (v) use of any message boards provided by the Sponsor in a manner that in the sole opinion of the Sponsor is inconsistent with the Sponsor’s message board guidelines set out in these Rules, (vi) participating in any competition or competitions while using multiple email addresses or email accounts, and (vii) any other act which in the Sponsor’s sole opinion is inconsistent with the integrity of any competition or the Sponsor’s goodwill or reputation.

CAUTION – ANY ATTEMPT BY A PARTICIPANT IN THE COMPETITION OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR TO SUBVERT, IMPAIR OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING AND NOT LIMITED TO ATTORNEY FEES AND COSTS OF COLLECTION, FROM ANY SUCH PARTICIPANT AND TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

3. CHANGED TERMS:

CETO reserves the right, at any time and at our sole discretion, to change or modify this Agreement and/or the terms and conditions applicable to your use of the CETO Service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Except for Section 8 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof. You should periodically check this web page for any changes to this Agreement. Any continued use of CetoGaming.com by you after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions, or These provisions deletions. If any modification, change, addition or deletion to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the CETO Gaming website.

4. BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or use the CETO Gaming website in the United States or Canada. These provisions may also apply to you if you are domiciled in and/or use the CETO Gaming website from outside the United States or Canada. See JURISDICTION AND APPLICABLE LAW below for details.

Initial Dispute Resolution: CETO’s Customer Support department is available to address any concerns you may have regarding Ceto Gaming’s competitions. Most concerns are quickly resolved in this manner to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties’ relationship with each other and/or your use of the CETO Gaming website shall be finally settled by binding arbitration administered by in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CETO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the CETO Gaming service under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Changes to this Section: CETO will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

5. JURISDICTION AND APPLICABLE LAW:

The CETO Gaming tournaments are made available subject to the terms of this Agreement.

For eligible residents of the United States of America, any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) will be subject to the laws of the State of Nevada, except to the extent that the Nevada conflict of law rules would require application of the law of any jurisdiction other than Nevada. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) shall be decided under the laws of the state where you were a resident at the time you obtained or bought the CETO Gaming tournament that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Washoe County, Nevada to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.

6. EQUIPMENT:

You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the CETO Gaming website and all charges related thereto.

7. CETO Gaming:

We currently provide you with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content, and branded programming. Certain services are presently provided free of charge. Other services including participation on skill-only competitions, contests ant tournaments, will require payment of an entry fee and may involve an offer of a premium to winners or successful participants. 

We do our best to make your experience with CETO a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. CETO reserves the right to change or discontinue, temporarily or permanently, CETO Gaming tournaments at any time. You agree that CETO will not be liable to you or any third party for any modification or discontinuance of CETO tournaments at any time for any reason or in the absence of a reason.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of CETO, are those of their respective sources, author(s) or distributor(s) and not of CETO. CETO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made and expressly disclaims all liability in connection such opinion, advice or statement.

Your use of the Ceto Gaming tournaments is at your own risk.

8. YOUR USE OF THE CETO Gaming Website:

You shall provide true, accurate, current, and complete information about yourself as requested in the Website’s registration forms. You shall use the CETO Gaming Website for only lawful purposes and in compliance with this Agreement. 

You shall comply with the following Rules of Conduct in connection with your use of the Website and CETO competitions. You shall not post, upload, distribute or otherwise transmit through the Website or any CETO service, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity. (Music videos and videos can be an infringement if posted in the absence of written permission of the owner of the rights to them. Do not post them on the Website or CETO community server unless you have written permission to do so from the owner of the rights. By your act of posting any content on the Website or the CETO community server, you warrant and represent to CETO and its members, managers and affiliates that all postings that you make will comply with these rules and that you acknowledge that prohibited postings may expose you not only to being barred from the Website and the CETO community but also to civil liability to CETO and others, and to exposure to criminal liability.

The Rules of Conduct in connection with your use of the Website and the CETO community also prohibit your posting, uploading, distribution or other transmission to or through the Website or any CETO service, of any malware or spyware, or contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles. You will be subject to disqualification and/or blocking for (among other acts):

Misrepresentation of Eligibility

Attempting in any way to impair the function of the Web Site or a Ceto Tournament or third-party web sites to which the Web Site provides a link or to alter the functioning in any way attempting to commit any form of fraud in connection with CETO or any communication link made available to you when requested by CETO to furnish timely (and in any event within fifteen days of request) an affidavit or declaration of eligibility that is legally binding in the jurisdiction of your residence or participation use of any message boards, chat rooms or other communication facility provided by CETO in a manner that in the sole opinion of CETO is inconsistent with the following CETO message board/communication facility guidelines set out in these rules, and any other act which in the sole and absolute opinion of CETO is inconsistent with the integrity of the competitions available on the CETO Service or the goodwill or reputation of CETO. The content of messages that you post is subject to the following mandatory guidelines and deletion at the sole discretion of CETO or (if CETO concurs) upon the reasonable request of any subscriber to the CETO community. Inappropriate message board and text communication content which is subject to deletion and at the sole, absolute discretion of CETO may be the basis of terminating participation in CETO events or terminating use of the communication facility involved, includes and is not limited to:

• strong expletives
• hate speech
• crude or explicit sexual references
• messages pertaining to illegal drugs or other criminal or other activity prohibited by law
• strong language generally considered offensive (including without limitation, references to a particular race or nationality, sexual orientation, gender, religious faith or country)
• incitation to illegal violence or criminal activity
• threatening or abusive content
• defamatory statements pertaining to any juridical or natural person
• infringing material
• content which in the sole opinion of CETO is inconsistent with the legitimate conduct of competitions made available through our website

Also subject to deletion, blocking and other sanctions is any message board or text content that in the CETO’s sole opinion is speech that would not normally be acceptable in a room full of strangers or in the workplace. CETO cannot monitor all message board or text communication content and will not attempt to do so. If any message board participant or party to a text communication through CETO’s community encounters content that such person believes should be deleted or believes is inconsistent with these guidelines, the person can report it to CETO at Support@cetogaming.com. CETO does not pre-screen or filter, record or monitor all content that users post on message boards. CETO does not endorse or otherwise approve of any such content or any opinions expressed in such content. The CETO reserves the right to remove and/or block message board and text communication content for any reason whatsoever, including and not limited to content which in the CETO’s sole opinion is inconsistent with these rules. Neither CETO nor any affiliate or employee of CETO assumes any liability for message board content or for any failure to remove or block message board content or delay in removing or blocking it. Persons who post content on CETO provided message boards or use any text communication facility provided by or through CETO, by so doing, assume full personal responsibility for the lawfulness, completeness, accuracy, usefulness and compliance with these rules, of all such content. Any Person so posting or communicating content shall indemnify, reimburse and hold CETO harmless from any and all damages, losses, liability and costs (including without limitation attorney fees and court costs) arising from, based upon or in connection with the posted or communicated content.

The Rules of Conduct in connection with your use of the Website and CETO competitions also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the Website, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the Website or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the Website and/or CETO tournament, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the Website, or to participate in any competition distributed through the Website, including (and not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the Website.

The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by you that, in CETO’s sole discretion, restricts or inhibits any other user from using or enjoying CETO events will not be permitted. CETO shall have the right, but not the obligation, to monitor the content of CETO tournaments and community, including forums, to determine compliance with this Agreement and any policies and other operating rules established by CETO and to comply with any law, regulation or authorized government request. CETO will make the sole determination as to what content is acceptable in its sole discretion. CETO shall always have the right (but never the obligation) to edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of CETO, any violation of the terms of use of the Website and/or CETO event may result in removal of the prohibited communications and/or suspension or termination of your rights to use and access the Website and CETO community.

You understand that, when using the Website and participating in CETO events, you will be exposed to content from a variety of sources, and that CETO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not participate in CETO events. CETO does not pre-screen or endorse any third-party content and is not responsible or liable under any circumstances for such content.

You understand that access to CETO events may result in access to other users’ names, screen names, e-mail addresses and other information as set out in the Privacy Policy (“Personal Information”) which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge, and agree that any Personal Information from other users constitute the confidential information of CETO. You agree not to scrape, copy, aggregate, redistribute, alter, reproduce, or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Website or CETO event.

CETO offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. Certain conditions of eligibility to compete in the online competitions and tournaments are set out in Section e, above. Additional eligibility requirements may be disclosed in connection with each online competition and tournament. If you do participate in a competition or tournament but are ineligible to you, CETO’s offer of a premium award will not apply to you and you will not be allowed to collect any prize. As a condition precedent to collecting a prize to which you are eligible, you may be required to provide information reasonably requested by CETO and (for prize awards of more than $600) information that by law CETO requires to enable CETO’s preparation and filing of Internal Revenue Service Form 1099-MISC. CETO and/or any sponsor who provides a particular prize will if required report the value of the prize to federal and/or state taxing authorities.

9. TRADEMARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY:

CETO Gaming events and Website are owned and operated by CETO LLC. All content, trademarks and other proprietary materials and/or information in CETO events and Website, including, without limitation, CETO’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). CETO (together with its subsidiaries, affiliated companies and third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the CETO Gaming Website under copyright laws. CETO owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the CETO Gaming website as a collective work under copyright laws. CETO owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. All Materials contained in the CETO Gaming website or community server are the proprietary property of CETO or its subsidiaries or affiliated companies and/or third-party licensors.

CETO, Ceto Gaming, and the Ceto logo (Marks) are the exclusive property of CETO LLC and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). CETO hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the CETO Marks. Except as expressly noted in this Agreement, all other trademarks appearing on the CETO Gaming community are the property of CETO, affiliates of CETO, or their respective owners. Unless otherwise agreed in writing by CETO, you agree that nothing in this Agreement gives you a right to use any of the CETO Marks or any of CETO’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Unless otherwise expressly agreed in writing by CETO, you are granted only a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the Website and the CETO community for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Website, the CETO community and/or the Materials by accessing or otherwise using the Website and/or the CETO community. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale or commercial use of CETO events or the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the CETO community or the Materials, or any portion of them, or in any other way exploiting any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the CETO Gaming Website, the Materials or any information contained in them, except as expressly permitted on the CETO Gaming Website; or (f) any use of the CETO Gaming website or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express permission of CETO and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the CETO Gaming website or the Materials except as specifically authorized in this Agreement, without the prior written permission of CETO, is strictly prohibited. Any failure by yourself, solely or on combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you under this Agreement may be terminated by CETO at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by CETO.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY:

USE OF ANY OF THE WEBSITE, CETO COMMUNITY, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE AND/OR CETO EVENT IS AT YOUR SOLE RISK. NEITHER CETO, CETO’S AFFILIATED COMPANIES, CETO’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “CETO PARTIES”) WARRANT THAT THE CETO GAMING WEBSITE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR OF ANY PRODUCT, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE WEBSITE OR ANY PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE WEBSITE OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.

CETO DOES NOT GUARANTEE THAT ANY PARTICULAR CETO EVENT, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT CETO WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. CETO MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAIILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. CETO RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT FEATURES IN ITS SOLE DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE (AND NOT FOR LIMITATION), CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CETO EVENTS, AND ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN EITHER OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE CETO PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND CETO EVENT, AND AS TO ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE OR THE CETO SERVICE. CETO DOES NOT REPRESENT OR WARRANT THAT CETO EVENTS, ANY PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CETO OR THROUGH A CETO EVENT OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10, THE TERM “CETO” INCLUDES THE “CETO PARTIES.”

11. NOTICES:

CETO may provide you with notice by any means, including (without limitation) postings on the Websites or community server and changes to this Agreement. Notices will be deemed given and received when the post is sent. If you don’t consent to receive notices electronically, you must stop participating in CETO events. 

12. INDEMNIFICATION:

You agree to defend, indemnify and hold harmless CETO and the CETO Parties and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of a CETO event; (d) a violation by you of any applicable law; (e) any content you post, store or otherwise transmit in or through the CETO Gaming website; and/or (f) your violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. CETO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CETO, and you agree to cooperate with CETO’s defense of these claims, at your sole cost and expense.

13. EXPECTATION OF PRIVACY:

Communications made using the CETO Gaming community server or website should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.

15. COPYRIGHT COMPLAINTS

CETO respects the intellectual property of others. Accordingly, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CETO of your infringement allegation in accordance with the procedure below.

As set forth in our Copyright policy, CETO will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of alleged copyright infringement should be emailed to CETO Copyright Agent at: support@cetogaming.com (Subject Line: “DMCA Takedown Request”). You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:

Ceto LLC (Attention: DMCA Takedown Request), 3048 Ivy Chase Loop, Montgomery, AL 36117 (U.S.A.).

To be effective, the notification must be in writing and contain the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made;

A description of the copyrighted work or other intellectual property that you claim has been infringed:

A description of where the material that you allege is infringing is located on the Website, with enough detail that we may find it on the Website;

Your physical mailing address, telephone number and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are or represent the copyright to intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website, you may send a written counter-notice containing the following information to the Copyright agent:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and

Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Nevada, U.S.A. and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, CETO LLC will send a copy of the counter-notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer policy: In accordance with the DMCA and other applicable law, CETO LLC has adopted a policy of terminating, in appropriate circumstances and at CETO’s sole discretion, the access to CETO events of users who are deemed to be repeat infringers. CETO may also at its sole discretion limit access to the website and/or terminate the participation of any users (Participants) who infringe any intellectual property rights of others, whether there is any repeat infringement.

14. OTHER PROVISIONS:

You warrant, represent, acknowledge, and agree that you have and understand this Agreement, including, without limitation, all other provisions displayed on the Website and applicable to use of the Website and CETO community server. This includes and is not limited to, any supplemental terms that govern contests, competitions and tournaments offered in connection with the Website and the use of certain specific material contained on the Website. This also includes any operating rules for the CETO community server established by CETO and the Privacy policy. Together these provisions are the entire agreement of the parties with respect to the subject matter hereof and thereof and supersede any previous written or oral agreements between the parties with respect to general and specific subject matter of this Agreement. This Agreement and any rights and licenses granted hereunder, may not be transferred, or assigned by you. CETO and the CETO Parties may hypothecate, sell, assign, or transfer this Agreement or any part of this Agreement without restriction or notice. Any purported transfer or assignment attempted to be made by you in violation of this Agreement shall be void ab initio. The provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. The failure by CETO to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by CETO or be deemed a waiver by CETO of any subsequent breach by you of the same or any other term of this Agreement. CETO’s rights and remedies under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit CETO’s right to exercise any other right or remedy. The section headings used in this Agreement are for convenience only and shall not be given any legal import.

Please note that the United States Digital Millennium Copyright Act provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

Questions: Should you have any questions regarding this Agreement you may contact us through the Website or e-mail support@cetogaming.com.

15. CHANGED TERMS:

From time to time, CETO may need to amend this Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you participate in CETO events. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.

16. THIRD-PARTY TRADEMARKS

All rights reserved. CETO Gaming is not endorsed by, directly affiliated with, maintained or sponsored by Electronic Arts, Apple Inc., Activision Blizzard, Take-Two Interactive, Epic Games, Xbox, Sony, Playstation, or Riot Games. All content, game titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and or copyright material of their respective owners.