Welcome to eCribbage.com, the home of the largest, most comprehensive collection of free online cribbage game variations online. In order to keep the eCribbage experience positive for everyone, please read through these terms of service. Please pay special attention to Section 8 outlining the ground rules necessary for a respectful gaming community. Specifically section 8.1 - Vulgarity in the lounges will not be tolerated, 8.4 - consistent intentional quitting of unfinished games can result in account termination, and 8.5 - creating multiple accounts for the same player can result in account suspension.
Thank you, please enjoy!
ACCEPTANCE OF TERMS
Welcome to eCribbage.com ('eCribbage')! eCribbage provides the services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: eCribbage.com/tos.html. By accessing and using eCribbage Services, you accept and agree to be bound by the terms and provision of the TOS. Specifically, this includes limitations upon acceptable speech and conduct while engaged in the use of eCribbage services. In addition, when using particular eCribbage owned or operated services, you and eCribbage shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
By accepting the eCribbage TOS and using eCribbage Services, you represent that you are at least thirteen (13) years of age and you have the legal authority to agree to be bound by these the eCribbage TOS. If you are less than thirteen (13) years of age, you represent that (i) your parent or legal guardian has consented to your use of eCribbage Services, (ii) your parent or legal guardian has consented to you providing your personal information in connection with eCribbage.s Services; and (iii) your parent or legal guardian has read and accepted this Agreement on your behalf.
DESCRIPTION OF ECRIBBAGE SERVICES
eCribbage provides users with access to a rich collection of cribbage resources, including without limitation various communications tools, forums, personalized content and a wide variety of online competitive and casual cribbage games. You understand and agree that the eCribbage Services may include advertisements and that these advertisements are necessary for eCribbage to provide the eCribbage Services. You also understand and agree that the eCribbage Services may include certain communications from eCribbage, such as service announcements and administrative messages, and that these communications are considered part of eCribbage membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current eCribbage Services, including the release of new eCribbage properties, shall be subject to the TOS. You understand and agree that the eCribbage Services are provided "AS-IS" and that eCribbage assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the eCribbage Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the eCribbage Services.
You understand that the technical processing and transmission of the eCribbage Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the eCribbage Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the eCribbage Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the eCribbage Service's registration form (the "Registration Data") and, (b) if available, 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 eCribbage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eCribbage has the right to suspend or terminate your account and refuse any and all current or future use of the eCribbage Services (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the eCribbage registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eCribbage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eCribbage cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not eCribbage, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the eCribbage Services. eCribbage does not control the Content posted via the eCribbage Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the eCribbage Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eCribbage be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the eCribbage Services.
You agree to not use the eCribbage Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, this specifically includes the use of disrespectful language in public areas of eCribbage;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a eCribbage official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
exit ongoing various cribbage events before their completion;
create multiple accounts for the use of a single player;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("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;
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, cause a screen to "scroll" faster than other users of the eCribbage Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the eCribbage Services or servers or networks connected to the eCribbage Services, or disobey any requirements, procedures, policies or regulations of networks connected to the eCribbage Services;
"stalk" or otherwise harass another; and/or;
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above.
Engage in debate or contact with eCribbage users that negatively impacts other user's experience. This includes, but is not limited to, inflammatory political and religious topics.
You acknowledge, consent and agree that eCribbage 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: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of eCribbage, its users and the public.
You understand that the eCribbage Services and software embodied within the eCribbage Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by eCribbage and/or content providers who provide content to the eCribbage Services. You may not attempt to override or circumvent any of the usage rules embedded into the eCribbage Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the eCribbage Services, in whole or in part, is strictly prohibited.
CONTRIBUTIONS TO ECRIBBAGE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to eCribbage through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) eCribbage is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) eCribbage shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) eCribbage may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of eCribbage without any obligation of eCribbage to you; and (f) you are not entitled to any compensation or reimbursement of any kind from eCribbage under any circumstances.
You agree to indemnify and hold eCribbage 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, modify or otherwise make available through the eCribbage Services, your use of the eCribbage Services, your connection to the eCribbage Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF ECRIBBAGE SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the eCribbage Services (including Content, advertisements, Software and your eCribbage ID).
MODIFICATIONS TO ECRIBBAGE SERVICES
eCribbage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the eCribbage Services (or any part thereof) with or without notice. You agree that eCribbage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the eCribbage Services (or any part thereof).
You may terminate your eCribbage account, any associated email address and access to the eCribbage Services by submitting such termination request to eCribbage.
You agree that eCribbage may, without prior notice, immediately terminate, limit your access to or suspend your eCribbage account, any associated email address, and access to the eCribbage Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the eCribbage Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the eCribbage Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in eCribbage's sole discretion and that eCribbage shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the eCribbage Services.
Termination of your eCribbage account includes any or all of the following: (a) removal of access to all or part of the offerings within the eCribbage Services, (b) all personal information will cease to be in active use by eCribbage, and (c) barring of further use of all or part of the eCribbage Services.
The eCribbage Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that eCribbage 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 eCribbage 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.
ECRIBBAGE'S PROPRIETARY RIGHTS
You acknowledge and agree that the eCribbage Services and any necessary software used in connection with the eCribbage Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the eCribbage Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by eCribbage or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the eCribbage Services, such Content or the Software, in whole or in part.
eCribbage grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on one computer at a time provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the eCribbage Services. You agree not to access the eCribbage Services by any means other than through the interface that is provided by eCribbage for use in accessing the eCribbage Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE ECRIBBAGE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE ECRIBBAGE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ECRIBBAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ECRIBBAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ECRIBBAGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE ECRIBBAGE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ECRIBBAGE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ECRIBBAGE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ECRIBBAGE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, 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 ECRIBBAGE OR THROUGH OR FROM THE ECRIBBAGE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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 ECRIBBAGE 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 ECRIBBAGE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE ECRIBBAGE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE ECRIBBAGE 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 ECRIBBAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECRIBBAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ECRIBBAGE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ECRIBBAGE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ECRIBBAGE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
eCribbage may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the eCribbage Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the eCribbage Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the eCribbage Services in an authorized manner.
You agree that all of eCribbage’s trademarks, trade names, service marks and other eCribbage logos and brand features, and product and service names are trademarks and the property of eCribbage Inc. (the "eCribbage Marks"). Without eCribbage's prior permission, you agree not to display or use in any manner the eCribbage Marks.
Entire Agreement. The TOS constitutes the entire agreement between you and eCribbage and governs your use of the eCribbage Services, superseding any prior version of this TOS between you and eCribbage with respect to the eCribbage Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other eCribbage services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and eCribbage each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and eCribbage, shall be brought exclusively in the courts located in the county of San Diego, California or the U.S. District Court for the Southern District of California. You and eCribbage agree to submit to the personal jurisdiction of the courts located within the county of San Diego, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of eCribbage to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the eCribbage Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last updated June 25, 2012