Terms & Conditions

Usage Agreement

This Agreement pertains to your use of, and access to, our website and its associated materials and services (collectively referred to as the "Site"), as well as any successor website(s).

Acceptance of Terms: By using the Site, you agree to these Terms of Service and confirm that you are at least 13 years old.

Definition of Parties: In this Agreement, "you" and "your" refer to any individual using the Site.

Mandatory Arbitration Notice: This Agreement includes a mandatory arbitration clause. As detailed further in Section 18, this requires the use of arbitration on an individual basis to resolve disputes, rather than through jury trials, other court proceedings, or class actions.

1. Changes to the Agreement

Modification of Agreement: We reserve the right to modify this Agreement at any time. We will inform you of such modifications by reasonable means, which may include posting a revised Agreement on the Site. Changes will not affect any disputes that arise before the posting of the revised Agreement or the notification of such changes.

Acceptance of Changes: Your continued use of the Site after changes are made constitutes your acceptance of the new terms. The "Last Updated" note at the top of this Agreement indicates the last time it was modified.

Modifications to the Site: We may modify or discontinue any part of the Site at any time without liability. This includes changing, waiving, or imposing fees for use of the Site, which we intend to keep free for the foreseeable future. We may also offer opportunities selectively to some or all users of the Site.

2. Information Submitted Through the Site

Governing Policy: Any information you submit through the Site is subject to the CPSGames Privacy Policy, which is accessible at https://www.cpsgames.org/page/privacy (the "Privacy Policy").

Accuracy of Information: You affirm that all information you provide related to your use of the Site is, and will continue to be, accurate and complete. You agree to regularly update your information to maintain its completeness and accuracy.

Precedence of Privacy Policy: In the event of any conflict between this Agreement and the Privacy Policy concerning the handling of personal data, the terms of the Privacy Policy will take precedence.

3. Jurisdictional Issues

Site Operation: The Site is controlled and operated from the European Economic Area (EEA). It is not intended to subject us to the laws or jurisdiction of any area outside of the EEA.

Availability and Compliance: The availability of the Site may not extend to all jurisdictions and may not be appropriate for use in certain areas. You are responsible for ensuring that your use of the Site complies with all local laws, regulations, and rules. Any use of the Site is at your own risk.

Limitation of Availability: We reserve the right to restrict access to the Site at any time, either entirely or partially, to any person, geographic area, or jurisdiction, according to our discretion.

4. Rules of Conduct

While using the Site, you are prohibited from engaging in the following activities:

Prohibited Content: Do not post, transmit, or make available any material through the Site that:

• (a) Is threatening, harassing, degrading, hateful, or intimidating, or infringes on the rights and dignity of others.
• (b) Is defamatory, libelous, fraudulent, or otherwise harmful.
• (c) Is obscene, indecent, pornographic, or objectionable.
• (d) Infringes on copyright, trademark, trade secrets, rights of publicity, privacy, or other proprietary rights without prior express written consent from the rightful owner.

Harmful Code: Avoid posting, transmitting, or making available any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other harmful or invasive computer code, file, or program.

Unauthorized Uses Do not use the Site for any commercial purposes not approved by CPSGames, or for any fraudulent, unlawful, or tortious activities.

Data Collection: Do not harvest or collect information about users of the Site unless it complies with our Privacy Policy.

Service Interference: Do not interfere with or disrupt the operation of the Site or the networks or servers used to make the Site available; this includes hacking or defacing any part of the Site.

Usage Restriction: Do not restrict or inhibit others from using the Site.

Intellectual Property: Do not reproduce, modify, translate, create derivative works from, sell, distribute, or otherwise exploit any part of the Site without express prior written consent.

Reverse Engineering: Do not reverse engineer, decompile, or disassemble any portion of the Site, unless such action is expressly permitted under applicable law.

Removal of Notices: Do not remove any copyright, trademark, or other proprietary rights notices from the Site.

Unauthorized Framing: Do not frame or mirror any part of the Site, or incorporate any part of the Site into another service or product without our express prior written consent.

Systematic Retrieval: Do not systematically download and store Site content.

Automated Access: Do not use any robots, spiders, or other automatic or manual devices to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent.

Hardware and Services: You are responsible for obtaining, maintaining, and paying for all hardware and telecommunications and other services needed to use the Site.

5. Embedding Games

Permission to Embed: CPSGames permits other websites to embed portions of our website through an iframe, but only when an "embed" button is provided to retrieve the iframe source code.

Advertisements: Be aware that in-game advertisements will appear within the embedded games.

Right to Withdraw: CPSGames reserves the right to revoke embedding privileges at any time and may block sites from embedding games at its discretion, without the requirement for prior warning or justification.

Prohibitions on Embedded Content: You are strictly forbidden to:

• Modify Embedded Content: Do not reproduce, modify, adapt, translate, or create derivative works from any embedded portion of the Site.
• Alter Notices: Do not remove, hide, or otherwise hinder the viewability of copyright, trademark, or other proprietary rights notices from the embedded portion of the Site.
• Interfere with Links: Do not remove, block, hide, or otherwise hinder the functionality of links within the embedded portion of the Site.
• Disrupt Advertisements: Do not remove, block, make invisible, or otherwise hinder the operation of advertisements included in the embedded portion of the Site.
• Additional Layers: Do not add any layers over the embedded portion of the Site.

Discontinuation of Service: CPSGames reserves the right to discontinue any embedded portion of the Site at any time.

6. Products

Availability and Description: The Site may present listings, descriptions, and images of goods or services, along with related coupons or discounts (collectively referred to as "Products"). These Products might be offered by us or third parties and are available for various purposes, including general information.

No Endorsement or Affiliation: The inclusion of any Product on the Site does not signify our endorsement of the Product or an affiliation with the provider of the Product.

Accuracy and Reliability: We do not guarantee the completeness, accuracy, reliability, validity, or timeliness of the Product listings, descriptions, or images (including any features, specifications, and prices contained therein). All such information is subject to change without notice and should not be relied upon.

Changes and Availability: The availability of any Product (including the validity of any coupon or discount) can change at any time without prior notification.

Legal Compliance: It is your responsibility to ensure compliance with all applicable local, state, federal, and international laws, including minimum age requirements, regarding the possession, use, and sale of any Product listed on the Site.

7. Profiles and Forums

Functionality Introduction: Should we decide to introduce this feature, Site visitors will be able to post certain materials, referred to as "Submissions," through or in connection with the Site. This includes interactions on profile pages and the Site's interactive services such as message boards, forums, chatting, commenting, and other messaging functionalities. All such activities must adhere to the Rules of Conduct outlined in Section 4.

Responsibility for Submissions: CPSGames does not control, and thus is not responsible or liable for, the use or misuse (including any distribution) by any third party of any Submissions made by users.

Risk Acknowledgment: If you choose to make any of your personally identifiable information or other sensitive information publicly available through the Site, you do so at your own risk. For more details on how we handle personal information, refer to Section V.3 of the Privacy Policy.

8. License

Ownership and Rights: You retain ownership of your Submissions. However, by submitting content to the Site, you grant us a comprehensive license as outlined below.

License Granted to CPSGames: For each Submission, you grant CPSGames a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license. This license allows us to reproduce, distribute, perform and display (publicly or otherwise), create derivative works from, adapt, modify, use, analyze, and exploit your Submission in any format or media, whether currently known or developed in the future, and for any purpose, including promotional activities such as testimonials.

Inclusion of Feedback: Any ideas, proposals, suggestions, or other materials you provide, referred to as "Feedback," will be considered a Submission. You acknowledge that Feedback is not confidential and that providing it is done freely, without any restrictions, and does not obligate CPSGames in any fiduciary or other capacity.

Representations and Warranties: You affirm that you possess all necessary rights to grant the licenses specified in this section. You assert that your Submissions are complete, accurate, and law-abiding, not fraudulent or in violation of any law or third-party rights. Where applicable by law, you also irrevocably waive any "moral rights" or similar rights regarding authorship or integrity of the Submissions.

9. Monitoring

Monitoring Practices: While we are not obligated to do so, we reserve the right to monitor, evaluate, alter, or remove Submissions either before or after they appear on the Site. We may also analyze your access to and use of the Site.

Disclosure of Information: We may disclose information about your access to and use of the Site, including the circumstances surrounding such access and use, to anyone for any reason or purpose. Such disclosures will be conducted in accordance with our Privacy Policy, ensuring that your privacy rights are maintained.

10. Your Limited Rights

Scope of Rights: Subject to your compliance with this Agreement, and as long as you are authorized by us to use the Site, you are granted a limited, non-exclusive right to access and view content provided on the Site. This right is granted solely for your personal, non-commercial use.

Restrictions: This license does not include any right for resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by CPSGames or its licensors, suppliers, publishers, rightsholders, or other content providers.

11. CPSGame's Proprietary Rights

Ownership and Protection: The Site, along with all its content, is owned by us and our suppliers, and is protected under proprietary rights and laws. Our proprietary assets include trade names, trademarks, and service marks such as CPSGames and any associated logos.

Rights to Trademarks: All trade names, trademarks, service marks, and logos displayed on the Site that are not owned by us belong to their respective owners. You are not permitted to use any of our trade names, trademarks, service marks, or logos in connection with any product or service that is not affiliated with us, nor in any manner that may cause confusion among consumers.

Restriction on Usage: Nothing on the Site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trade names, trademarks, service marks, or logos displayed on the Site without our express prior written permission or the permission of the respective owner. Any unauthorized use of these marks is strictly prohibited.

12. Third Party Materials Links

Access and Use: Certain functionalities of the Site may provide access to information, products, services, and other materials from third parties, including, but not limited to, advertisements and promotional materials, which may be presented via techniques such as iFrames, and Submissions ("Third Party Materials"). By using these functionalities, you are instructing us to access, route, and transmit to you these Third Party Materials.

Disclaimer of Control and Endorsement: We do not control, endorse, or assume responsibility for any Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, quality, legality, or safety. Some Third Party Materials may be inaccurate, misleading, or deceptive. Nothing in this Agreement constitutes a representation or warranty regarding the Third Party Materials.

Monitoring and Blocking: We are not obligated to monitor Third Party Materials accessible through our Site, but we reserve the right to block or disable access to any Third Party Materials (in whole or in part) at any time. Moreover, the availability of Third Party Materials via our Site does not imply our endorsement of or affiliation with the providers of such materials, nor does it establish any legal relationship between you and any provider.

Risk and Responsibility: Your use of any Third Party Materials is at your own risk and subject to any additional terms, conditions, and policies applicable to such materials (e.g., terms of service or privacy policies of the providers).

13. Promotions

General Information: Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are distinct from this Agreement.

Review of Rules: If you choose to participate in any Promotions, it is important to review the applicable rules associated with each Promotion, as well as our Privacy Policy. These documents will provide detailed guidance on your rights and obligations when participating.

Rule Conflicts: In instances where the rules of a Promotion conflict with this Agreement, the specific rules of the Promotion will take precedence.

14. Disclaimer of Warranties

Warranty Exclusions: To the fullest extent permitted under applicable law:

• The Site, along with any products and Third Party Materials, is provided on an "AS IS," "WHERE IS," and "WHERE AVAILABLE" basis, without any warranties of any kind, whether express, implied, or statutory.
• CPSGames expressly disclaims all warranties related to the Site and any products and Third Party Materials, including warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

Beneficiaries of Disclaimers: All disclaimers made in this Agreement, including this section and elsewhere, are made for the benefit of CPSGames and its Affiliated Entities, which include shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers, along with their respective successors and assigns.

Site Integrity and Security: While we strive to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may contain inaccuracies, errors, or materials that violate or conflict with this Agreement. Furthermore, unauthorized third-party alterations to the Site may occur.

Reporting Alterations: If you become aware of any unauthorized alteration to the Site, please notify us immediately at [email protected] with a detailed description of the alteration and its specific location on the Site.

15. Limitation of Liability

Scope of Liability: To the fullest extent permitted under applicable law:

• CPSGames will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory. This includes, but is not limited to, damages for loss of profits, use, data, or other intangibles, or the loss of security of submissions (including unauthorized interception by third parties of any submissions).
• Without limiting the foregoing, CPSGames shall not be liable for any damages of any kind resulting from your use of or inability to use the Site, or from any Products or Third Party Materials, including from any virus that may be transmitted in connection therewith.
• Your sole and exclusive remedy for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site.
• Our maximum aggregate liability for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall be the greater of the total amount, if any, paid by you to us to use the Site, but no more than 100 EUR, considering that use of the Site is free of charge.

Beneficiaries of Liability Limitations: All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both CPSGames and the Affiliated Entities, and their respective successors and assigns.

16. Indemnity

Indemnification Agreement: To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless CPSGames and the Affiliated Entities, along with their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys fees) that arise out of or are related to:

• Your use of, or activities in connection with, the Site, including all Submissions made by you.
• Any violation or alleged violation of this Agreement by you.

17. Termination

Effective Period: This Agreement remains effective until terminated by either party.

Termination by CPSGames: We reserve the right to terminate or suspend your use of the Site at any time, without prior notice, for any reason or for no reason at all. Reasons for termination may include, but are not limited to:

• Non-adherence to the Rules of Conduct.
• Any actions that CPSGames determines, in its sole discretion, violate or are inconsistent with the letter or spirit of this Agreement.

Consequences of Termination: Upon termination or suspension:

• Your right to access and use the Site will immediately cease.
• CPSGames may, without liability to you or any third party, deactivate or delete your username, password, account, and all associated materials. There is no obligation on the part of CPSGames to provide further access to these materials post-termination.

18. Governing Law; Arbitration

Governing Law: The terms of this Agreement are governed by the laws of Belgium, without regard to its conflict of law principles, and irrespective of your geographical location.

Mandatory Arbitration:

• Dispute Resolution: All disputes arising out of or related to this Agreement or the relationship between you and CPSGames, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration, not in court by a judge or jury. By agreeing to these terms, both you and CPSGames waive the right to a trial by jury.
• Individual Basis: Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are waiving the ability to participate in a class action.
• Arbitration Procedures: The arbitration will be administered by CEPINA and conducted by a single arbitrator according to CEPINA's rules of procedure. The place of arbitration will be Brussels, Belgium, and the proceedings will be conducted in English, unless both parties agree otherwise.
• Hearings: Arbitration hearings will be conducted by teleconference or videoconference, unless the arbitrator, upon request by either party, determines that an in-person hearing is appropriate.
• Arbitrator's Authority: The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only as necessary to provide relief warranted by the individual claim before the arbitrator.
• Enforcement of Award: The award rendered by the arbitrator can be confirmed and enforced in any court that has jurisdiction over the matter.

19. Filtering

Parental Control Protections: We inform you that there are commercially available parental control protections, including computer hardware, software, or filtering services, that can help you restrict access to content that may be harmful to minors.

Resources: You can find information about current providers of such protections at Comparison of Content-Control Software and Providers.

Disclaimer of Endorsement: Please be aware that CPSGames does not endorse any of the products or services listed on the linked site.

20. Information or Complaints

Contacting Us: If you have questions or complaints regarding the Site, you have the following options to reach out to us:

• Contact Form: Please use our contact form available at CPSGames Contact to submit your queries or issues.
• Email: You can also send an email directly to [email protected] for any legal concerns or more specific inquiries.

21. Copyright Infringement Claims

Should you, in good faith, believe that materials accessible on the Site violate your copyright, you (or your representative) have the option to submit a written notice via courier, post, or email, requesting the removal of such material or the restriction of access to it. Conversely, if you, in good faith, believe that a notice of copyright infringement has been wrongly filed against you, you may submit a counter-notice. All notices and counter-notices must be submitted in writing to via email to [email protected]. We recommend seeking advice from your legal counsel before initiating a notice or counter-notice.

22. Miscellaneous

This Agreement shall not establish or imply the creation of any partnership, joint venture, employer-employee relationship, agency, or franchisor-franchisee association between you and CPSGames. Should any provision of this Agreement be deemed unlawful, void, or unenforceable for any reason, said provision will be considered separable from this Agreement and will not affect the validity or enforceability of the remaining provisions. You are prohibited from assigning, transferring, or sub licensing any or all of your rights or obligations under this Agreement without our express prior written consent.

Conversely, we reserve the right to assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without limitations. Neither party's waiver of any breach or default under this Agreement shall be construed as a waiver of any preceding or subsequent breach or default. Singular terms used herein shall hold the same meanings when used in the plural, where applicable, unless otherwise specified. The use of the term "including" or its variations in this Agreement shall be interpreted as if followed by the phrase "without limitation."

This Agreement, inclusive of any incorporated terms and conditions, constitutes the entire understanding between you and CPSGames concerning the subject matter herein and supersedes any prior written or oral agreements or understandings, whether contemporaneous or preceding, between you and CPSGames pertaining to such subject matter. Notices to you, including notifications of changes to this Agreement, may be provided via posting on the Site, email (including links), or regular mail.

Not with standing, a printed version of this Agreement and any electronically transmitted notice shall be admissible in judicial or administrative proceedings related to this Agreement to the same extent and under the same conditions as other business documents and records initially generated and maintained in printed form. CPSGames shall not be liable for any failure to fulfill obligations due to causes beyond its control.