The rules of the room.

The following terms and conditions (“Terms”) govern all use of the cuesportsafrica.com website and all content, services, and products available at or through the website cuesportsafrica.com. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the CueSports Africa Privacy Policy) and procedures that may be published from time to time by CueSports Africa (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Your agreement is with CueSports Africa, a company residing in Kenya. We refer to CueSports Africa collectively as “CueSports Africa” or “we” throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by CueSports Africa, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a CueSports Africa account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. CueSports Africa

Your CueSports Africa Account. If you create an account on CueSports Africa, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify CueSports Africa of any unauthorized uses of your account, or any other breaches of security. CueSports Africa will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you comment on the site, post material to CueSports Africa, post links on CueSports Africa, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using CueSports Africa, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to CueSports Africa, you grant CueSports Africa a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting it. This license allows CueSports Africa to make publicly-posted content available to third parties selected by CueSports Africa so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other CueSports Africa users permission to share your Content.

If you delete Content, CueSports Africa will use reasonable efforts to remove it from CueSports Africa, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, CueSports Africa has the right (though not the obligation) to, in CueSports Africa’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in CueSports Africa’s reasonable opinion, violates any CueSports Africa policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of CueSports Africa to any individual or entity for any reason. CueSports Africa will have no obligation to provide a refund of any amounts previously paid.

Match Results and Rating Integrity. You agree to report match results accurately and honestly. Submitting false results, creating fake matches, or any attempt to artificially inflate or deflate ratings is strictly prohibited and will result in account suspension or termination. Match results confirmed by both players are considered final.

Web Traffic. We use third party analytics services to measure CueSports Africa’s audience and usage.

HTTPS. We provide HTTPS for every domain and subdomain on our site.

Advertisements. CueSports Africa reserves the right to display advertisements on CueSports Africa unless you have purchased a plan that includes the removal of ads.

2. Responsibility of Visitors

CueSports Africa has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, CueSports Africa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CueSports Africa disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Fees, Payment, and Renewal

Fees. Some of our Services are offered for a fee — such as premium subscriptions and tournament entry fees, while other Services may be free with optional paid upgrades (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or per tournament), on a pre-pay basis until you cancel by contacting the relevant support team (support@cuesportsafrica.com).

Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank, mobile money provider, or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.

Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.

Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

4. Tournament Organizers

Organizer Responsibilities. If you become a tournament organizer, you agree to provide accurate tournament information (dates, venues, entry fees, rules), manage tournaments fairly and transparently, report results accurately and promptly, handle player disputes professionally, and comply with all applicable local laws and regulations.

Entry Fees and Payments. Organizers are solely responsible for handling entry fees, prize distributions, and any financial matters related to their tournaments. CueSports Africa is not liable for disputes between organizers and players regarding tournament payments or prizes.

5. Copyright Infringement

As CueSports Africa asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CueSports Africa violates your copyright, you are encouraged to notify CueSports Africa. CueSports Africa will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CueSports Africa will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CueSports Africa or others. In the case of such termination, CueSports Africa will have no obligation to provide a refund of any amounts previously paid to CueSports Africa.

6. Intellectual Property

This Agreement does not transfer from CueSports Africa to you any CueSports Africa or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with CueSports Africa. CueSports Africa, the CueSports Africa logo, and all other trademarks, service marks, graphics and logos used in connection with CueSports Africa or our Services, are trademarks or registered trademarks of CueSports Africa or CueSports Africa’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any CueSports Africa or third-party trademarks.

7. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on CueSports Africa, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination

CueSports Africa may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CueSports Africa account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties

Our Services are provided “as is.” CueSports Africa and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CueSports Africa nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Kenya.

11. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Kenyan Arbitration Act by arbitrators appointed in accordance with such rules. The arbitration shall take place in Nairobi, Kenya, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

12. Limitation of Liability

In no event will CueSports Africa, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CueSports Africa under this Agreement during the twelve (12) month period prior to the cause of action. CueSports Africa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification

You agree to indemnify and hold harmless CueSports Africa, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

15. Translation

These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

16. Miscellaneous

This Agreement constitutes the entire agreement between CueSports Africa and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CueSports Africa, or by the posting by CueSports Africa of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CueSports Africa may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.