Terms of Service
Effective date: May 21, 2025
These Terms of Service (“the Agreement”) should be read by you (the "User" or "you") in its entirety prior to your use of our service or products. Please note that the Agreement constitutes a legally binding agreement between you and Choue (referred to herein as "us" or "we") which owns and operates the Internet site found at www.choue.net (“The service”). Choue is owned by Joerg Heilig, with registered legal address in California, USA. Contact us at info@choue.net.
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 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.
Choue is an internet multiplayer, real-time gaming application, where players from all over the world can play Backgammon Chouettes. Choue is not a real money gaming site. Players compete for an arbitrary unit defined within a group of players. Choue does not settle any disputes between players and does not offer any mechanisms to transfer money between players.
You accept that the Service may in the future include advertisements. Choue 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 Choue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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 the Service's Create Account Page and in the optional fields if you so choose; and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Choue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Choue has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
Choue is not set up to protect Minors and Children in Chouette Sessions from comments of other players and therefore does not allow minors to create accounts. You agree to only create an account if you are at least 18 years old at the time of Account creation.
User Accounts must be created with an active email account allowing for receipt of confirmation email from choue.net domain and must be confirmed for activation. Email accounts are unique and usernames are unique. Any accounts with usernames deemed offensive or inappropriate may be disabled or deleted at any time.
A User may only have one Account and shall only use the Service using such a single account. It is prohibited for a User to open multiple Accounts. In the event that we become aware of additional accounts opened by a User, we may close such additional accounts without notice.
A username, once chosen, cannot be changed. Every email address can only be used to create one account. When deleting a user account, data stored in Chouettes and Chouette Sessions the account has participated in will remain intact.
You acknowledge, consent and agree that Choue 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 Choue, its users and the public.
When offered, users may need to purchase membership subscriptions to access certain features, e.g. for providing access to administration of chouettes, deeper analysis options, and other premium features. During the Beta phase all these features are available for free. Subscriptions, once purchased, are non-refundable.
Choue leverages neural net backgammon software to analyze all games, moves, and cube decisions. The neural net technology is GNU Backgammon (GNUbg). GNUbg is an external application available from the Free Software Foundation and GNU Operating System for distribution, which Choue integrates via an API. You accept that technical issues can arise, like a loss of connection to the API or wrong or missing data. Choue reserves the right to change the analysis capabilities at any given time.
You agree that Choue has no responsibility or liability for the deletion or failure to store any session or game files stored in the database by the Service. You acknowledge that Choue reserves the right to log out accounts that are inactive for an extended period of time. You further acknowledge that Choue reserves the right to modify these general practices and limits from time to time.
You agree that Choue may, with or without cause, and without prior notice, immediately terminate your Choue account and access to the Service. 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) non-payment of any fees owed by you in connection with the Services.
Termination of your Choue account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, possible removal of 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 Choue’s sole discretion and that Choue shall not be liable to you or any third party for any termination of your account, any associated user data, or access to the Service.
You agree to not use the Service to:
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Choue username), use of the Service, or access to the Service. You agree that your Choue account is non-transferable.
There are many resources to help you if you are at risk of spending too much time playing online. Check out https://www.ncpgambling.org/help-treatment/ to start.
We prohibit external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. We define "EPA Tools" as computer software other than the Service (e.g. eXtreme Gammon, Gnu Backgammon), and non-software-based systems (e.g. web sites, subscription services and physical materials). We take a broad view of what constitutes "unfair advantage" in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to direction or assistance on how to play, in real time, that goes beyond a basic level.
The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
You agree that we may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examining unusual patterns of playing beyond the historical strength of a player and investigating other player’s complaints. If we have reason to believe that you are using ETA Tools we will disable your account and ban you from creating accounts in the future.
You agree to indemnify and hold Choue 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.
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 Choue 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Choue has no control over such sites and resources, you acknowledge and agree that Choue 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 Choue 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.
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 Choue and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of Choue used herein are trademarks or registered trademarks of Choue. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. Choue reserves all rights not expressly granted in these Terms of Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Choue 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 Choue HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO Choue, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED TO THE SERVICE.
IF, FOR ANY REASON, A COURT FINDS Choue LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Choue 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) XXX. Look at Pokerstars.
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.
We may modify these Terms at any time, and we will update the most current version at www.choue.net. 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.
The Agreement and any matters relating thereto shall be governed by, and construed in accordance with, the laws of California. You irrevocably agree the courts of Santa Clara County, California shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
The Terms of Service constitutes the entire agreement between you and Choue and governs your use of the Service, superseding any prior agreements between you and Choue with respect to the Service. These Terms of Service are the entire and exclusive agreement between Choue and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between Choue and you regarding the Service (excluding any services for which you have a separate agreement with Choue 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. Choue may freely assign these Terms of Service, and you expressly agree that any intellectual property rights licensed to Choue hereunder, including any rights to Content, are transferable to any Choue assignee without your consent. The failure of Choue to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.