Terms of Service

Effective date: August 4th, 2023

BackgammonGalaxy.com provides its service to you subject to the following terms and conditions (the "Terms of Service"). Backgammongalaxy.com is owned by Tadorne Ventures Limited, with registered legal address Dimostheni Severi 12, 6th floor, office 601, 1080 Nicosia, Cyprus.

BY USING THE SERVICE, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE PRIVACY POLICY AND THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

THESE TERMS OF SERVICE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICE, YOU HEREBY AGREE TO THESE PROVISIONS.

Services

Backgammongalaxy.com and mobile app is a community page, where players from all nations can play. This is not a real money game site, players compete for fun coins and rating points.

Users can subscribe to membership packages, which give use to a collection of technologies and features to analyze and study your game or to improve your user experience.

You accept that the Service may include advertisements. BackgammonGalaxy.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BackgammonGalaxy.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

If a software bug occurs that makes you lose coins or rating points, you can send us an email to support@backgammongalaxy.com and we will manually give you back the coins or rating points lost.

Coin purchases and Star Membership subscriptions

Coin purchases are non-refundable.

Star Memberships can be canceled at any point in time via the web browser interface or via the user’s own Paypal account.

If a service fails, for instance you buy coins or membership and the software fails, you can send us an email to support@backgammongalaxy.com and we will manually give you the coins or membership.

Games analyzed by neural net software

On Backgammongalaxy.com and in the mobile app the best neural net backgammon software is used to analyze all matches and evaluate Galaxy Rating, namely Extremegammon2, owned by GameSite 2000 Ltd., www.extremegammon.com/. This is an external service, which BackgammonGalaxy.com subscribes to via an API. You accept that technical issues can arise, like a loss of connection to the API or wrong or missing data. BackgammonGalaxy.com has the right to change the analysis settings at any given time.

Analysis settings

Gold Members have the privilege of higher analysis setting with Extremegammon2 neural net software:

Free member analysis: 2-ply

Star member analysis: 4-ply

Star+ member analysis: XG-Roller+ (also known as “XG+”)

Extremegammon2 is an external service, www.extremegammon.com, owned by GameSite 2000 Ltd., and BackgammonGalaxy.com will not be liable for any technical issues, like break down of the API or missing or wrong data.

BackgammonGalaxy.com has the right to change the analysis setting in all membership packages.

Registration

In order to be permitted to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the required fields in Service's registration form and in the optional fields if you so choose; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Backgammongalaxy.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Backgammongalaxy.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

Minors & Children

BackgammonGalaxy.com is concerned about the safety and privacy of all its users, particularly children. For this reason, only click chat is available for Free Members to avoid abusive chat messages. This creates a safe gaming environment where players of all ages, adults and children alike, can play and compete.

Member Accounts

We are using a third party technology, Auth0, to store login credentials in an encrypted and safe technology. You can login using Google, Apple, Facebook or Email. If you forget your login the responsibility will be with them not Backgammon Galaxy.

After having chosen a username this can never be changed. Any offensive username will be deleted by Backgammon Galaxy.

You acknowledge, consent and agree that BackgammonGalaxy.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content (as defined below) violates the law or the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BackgammonGalaxy.com, its users and the public.

Account Limitations

You agree that BackgammonGalaxy.com has no responsibility or liability for the deletion or failure to store any match files stored in the database by the Service. You acknowledge that BackgammonGalaxy.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BackgammonGalaxy.com reserves the right to modify these general practices and limits from time to time.

Termination

You agree that BackgammonGalaxy.com may, with or without cause, and without prior notice, immediately terminate your BackgammonGalaxy.com account, any associated email address, and access to the Service. BackgammonGalaxy.com may terminate with or without cause at any time and effective immediately, at BackgammonGalaxy.com’s sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your BackgammonGalaxy.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations shall be made in BackgammonGalaxy.com's sole discretion and that BackgammonGalaxy.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Member Conduct

You agree to not use the Service to:

  • · upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • · post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for BackgammonGalaxy.com groups, clubs, blogs, or any other content on or off of BackgammonGalaxy.com;

  • · post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;

  • · threaten violence against anyone else or advocate harming yourself;

  • · "stalk" or otherwise harass another;

  • · impersonate any person or entity, including, but not limited to, a BackgammonGalaxy.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • · forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

  • · upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • · upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;

  • · upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

  • · upload, post, email, transmit or otherwise make available any material that contains software viruses 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;

  • · disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

  • · interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • · access, tamper with, or use non-public areas of the Service, BackgammonGalaxy.com's computer systems, or the technical delivery systems of BackgammonGalaxy.com’s providers;

  • · probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

  • · use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

  • · intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or

  • · collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BackgammonGalaxy.com username), use of the Service, or access to the Service. You agree that your BackgammonGalaxy.com account is non-transferable.

Indemnity

You agree to indemnify and hold BackgammonGalaxy.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BackgammonGalaxy.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BackgammonGalaxy.com has no control over such sites and resources, you acknowledge and agree that BackgammonGalaxy.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BackgammonGalaxy.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Proprietary Rights

All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, are and will remain the exclusive property of BackgammonGalaxy.com and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of BackgammonGalaxy.com used herein are trademarks or registered trademarks of BackgammonGalaxy.com. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. BackgammonGalaxy.com reserves all rights not expressly granted in these Terms of Service.

Trademark Information

All BackgammonGalaxy.com trademarks and service marks and other BackgammonGalaxy.com logos and product and service names are trademarks of Tadorne Ventures Limited. Without BackgammonGalaxy.com's prior permission, you agree not to display or use these trademarks in any manner.

Copyright Policy

BackgammonGalaxy.com respects the intellectual property rights of others and expects users of the Service to do the same. BackgammonGalaxy.com complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf as well as the European Union Copyright Office. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us. If you believe that any Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:

  • · a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

  • · identification of the copyrighted work claimed to have been infringed;

  • · identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as a url);

  • · your contact information, including your address, telephone number, and an email address;

  • · a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • · a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your removed Content is not actually infringing, or that you have the necessary rights to post your Content, please send us a counter-notice containing the following information:

  • · a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

  • · your physical or electronic signature (with your full legal name);

  • · 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, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

  • · your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed Content. Unless the original person alleging copyright infringement files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, in ten to fourteen business days or more after receipt of the counter-notice, at BackgammonGalaxy.com’s sole discretion.

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, BackgammonGalaxy.com may also terminate a user's account if the user is determined to be a repeat infringer. For notice of alleged copyright infringement appearing on the Service contact: support@backgammongalaxy.com.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • · YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BackgammonGalaxy.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE BackgammonGalaxy.com WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • · BackgammonGalaxy.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE USED TO ACCESS OR PROVIDE THE SOFTWARE WILL BE CORRECTED.

  • · ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  • · NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BackgammonGalaxy.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

  • · A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BackgammonGalaxy.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF BackgammonGalaxy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO BackgammonGalaxy.com, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED TO THE SERVICE.

IF, FOR ANY REASON, A COURT FINDS BackgammonGalaxy.com LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BackgammonGalaxy.com ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Modifications to the Terms of Service

We may modify these Terms at any time, and we will update the most current version at www.BackgammonGalaxy.com. If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.

General Information

The Terms of Service constitutes the entire agreement between you and BackgammonGalaxy.com and governs your use of the Service, superseding any prior agreements between you and BackgammonGalaxy.com with respect to the Service. These Terms of Service are the entire and exclusive agreement between BackgammonGalaxy.com and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between BackgammonGalaxy.com and you regarding the Service (excluding any services for which you have a separate agreement with BackgammonGalaxy.com that is explicitly in addition or in place of these Terms of Service). If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you. BackgammonGalaxy.com may freely assign these Terms of Service, and you expressly agree that any intellectual property rights licensed to BackgammonGalaxy.com hereunder, including any rights to Content, are transferable to BackgammonGalaxy.com’s assignee without your consent. The failure of BackgammonGalaxy.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.