User Agreement
THIS IS AN AGREEMENT BETWEEN YOU AND Gamerholic.com This agreement (the "Agreement" and the "Terms") is a contract between You ("User," Users," "You" and "Your") and Gamerholic.com (" Gamerholic.com"), the "Company", "Us", "We" and "Our) and governs Your use of the Gamerholic.com website located at http://www.gamerholic.com, its content, the software and the associated materials made available through this website (collectively, the "Site").
Agreement: Your establishment of a an Account under Section 7, including any User name or other information ("Your Gamerholic.com Account" or "Your Account"); any subsequent log-in to Your Account ("Log-in"); or any access, entry or participation in any Tournament, contest, member vs member, promotion, event or the like (collectively, "Tournament" or "competitive games") facilitated by or associated with the Site in any way signifies Your constructive and actual notice and knowledge of and Your agreement to be bound by the most current version of the User Agreement as posted on the Site. If you do not wish to be bound by this Agreement, do not establish an Account, and do not use the Site or Services or participate in any Tournaments or competitive games. If you have already established an Account and you do not wish to continue to be bound by this Agreement, you should terminate Your Account in accordance with Section 18 of this Agreement.
From time to time, Gamerholic.com may define and post on the Site additional Gamerholic.com specific terms, codes of conduct or guidelines that govern such specified Tournaments and games. In the event of a discrepancy between these Terms and any other writing posted on the Site by Gamerholic.com, including the general rules displayed within the site and the Privacy Policy. These Terms shall control. In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party Terms and Conditions, for example, terms and conditions that may govern Your use of any third-party equipment, games or content. It is solely Your responsibility to ensure that Your use of any and all third-party equipment, games or content is in compliance with any and all third-party requirements.
You understand and accept that Gamerholic.com is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with all laws that govern you, civil and criminal.
Legal Compliance: You are subject to, and
are solely responsible for obeying
all laws of the state, province
and/or country in which You
reside and from which You access
the Site, Log-In to the Site
or participate in any Tournament.
You agree to only participate
in the Tournaments only after
You have determined in good-faith
that they are in compliance
with state, local and other
governing laws and regulations.
Participation within the United States of America: Participation in fee-based tournaments and games for prizes is prohibited in the following U.S. states, without limitation: Alaska, Arizona, Colorado, Delaware, Iowa, Maryland, North Dakota, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Tournaments from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Participation outside the U.S: Participation in fee-based tournaments for prizes may be prohibited in Your jurisdiction and it is Your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Tournament or contests arranged and established through the Site or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Tournament facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.
Participation within the United States of America: Participation in fee-based tournaments and games for prizes is prohibited in the following U.S. states, without limitation: Alaska, Arizona, Colorado, Delaware, Iowa, Maryland, North Dakota, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Tournaments from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Participation outside the U.S: Participation in fee-based tournaments for prizes may be prohibited in Your jurisdiction and it is Your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Tournament or contests arranged and established through the Site or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Tournament facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.
SITE SERVICES (the "Service"
or "Services"):
Gamerholic.com offers the Site as
a common portal for Users to
arrange, record and track Tournaments, and wagered games
as defined below, and related
information, including but not
limited to, Tournament Entrants,
fees, pre-designated prizes
and Tournament results.
Gamerholic.com does not provide the
Site or Services for Tournaments
based on sporting or gambling
events, including any games
of chance. Instead, Gamerholic.com provides
a forum for You to arrange,
conduct and track head-to-head
tournaments against other Users
solely in connection with games
of skill.
Tournaments: "Tournaments" are facilitated
through and posted on the Gamerholic.com or any User who creates
and maintains a Gamerholic.com Account
under Section 7. Tournaments
provide a forum for Users to
participate in a Tournament
for a pre-designated "Prize"
with other Users by paying a
"Tournament Entry Fee" The Prize will be the sum of
all Tournament Entry Fees paid
under this Section and Section
4.A., by each "Tournament Entrant."'
" Gamerholic.com Tournaments" are Tournaments posted on the Gamerholic.com website by Gamerholic.com. "User Tournaments" are Tournaments posted on the Gamerholic.com website by any User who creates and maintains an Account under Section 7. Any User who creates and maintains an account under Section 7 may invite another User or Users to participate in a Tournament for a pre-designated Prize by paying a Tournament Service Fee. when posting any such invitation to a Tournament for a Prize, You must have sufficient funds in your account to cover the Tournament Service Fee.
Participate In A Tournament: ("Participate In A Tournament") Any User who creates and maintains an Account under Section 7 may enter a Tournament by paying the Tournament Service Fee to Gamerholic.com. Prior to entering the foregoing Tournament, You must have sufficient funds in Your Account to cover the Tournament entry Fee. Upon entry of a Tournaments, Gamerholic.com will immediately withdraw the Tournament service Fee from your Account.
When the tournament game is canceled Users entered in the Tournament will be cancelled the Tournament Serive Fee will be credited to the Account from which it was originally drawn.
Once both Users agree to the terms of the contest and begin their game, the Tournament immediately converts to an "Accepted Tournament," and Gamerholic.com will immediately withdraw the Tournament Service Fee from all Accounts of all Tournament Entrants. The Prize will be the sum of all Tournament Entry Fees paid under Sections 4.A. and 4.B., by each "Tournament Entrant." Once a Tournament becomes an Accepted Tournament, the Gamerholic.com Service Fee will not be refunded at any time or for any reason to any Tournament Entrants; however, upon mutual agreement indicated by all Tournament Entrants to cancel the Accepted Tournament, all Tournament Service Fees collected for the Canceled Accepted Tournament will be credited to the Tournament Accounts from which they were originally drawn.
Rules Governing Each Accepted Tournament: All Tournaments are governed by the mutually agreed tournament rules of each tournament participant. It is Your responsibility to ensure that for every Tournament You participate in, You understand and will abide by the Tournament Rules at all times. Your failure to follow the Tournament Rules will result in an immediate and automatic forfeiture of any Posted or Accepted Tournament. Further, if Gamerholic.com learns of any User's failure to follow the Tournament Rules, Gamerholic.com reserves the right to terminate that User's Tournament Account. Play Of The Accepted Tournament An Accepted Tournament shall be completed by the Tournament Entrants in accordance with the Tournament Rules at a mutually agreed upon time.
Tournament results ("Tournament Results") and or disputes: All Tournament Results must be determined in strict accordance with the Tournament Rules. All Tournament Results must be reported within thirty (30) minutes following the expiration of the Tournament. All Tournament Results may be audited or verified by Gamerholic.com, which may occur within Gamerholic.com's sole discretion for any reason whatsoever.
" Gamerholic.com Tournaments" are Tournaments posted on the Gamerholic.com website by Gamerholic.com. "User Tournaments" are Tournaments posted on the Gamerholic.com website by any User who creates and maintains an Account under Section 7. Any User who creates and maintains an account under Section 7 may invite another User or Users to participate in a Tournament for a pre-designated Prize by paying a Tournament Service Fee. when posting any such invitation to a Tournament for a Prize, You must have sufficient funds in your account to cover the Tournament Service Fee.
Participate In A Tournament: ("Participate In A Tournament") Any User who creates and maintains an Account under Section 7 may enter a Tournament by paying the Tournament Service Fee to Gamerholic.com. Prior to entering the foregoing Tournament, You must have sufficient funds in Your Account to cover the Tournament entry Fee. Upon entry of a Tournaments, Gamerholic.com will immediately withdraw the Tournament service Fee from your Account.
When the tournament game is canceled Users entered in the Tournament will be cancelled the Tournament Serive Fee will be credited to the Account from which it was originally drawn.
Once both Users agree to the terms of the contest and begin their game, the Tournament immediately converts to an "Accepted Tournament," and Gamerholic.com will immediately withdraw the Tournament Service Fee from all Accounts of all Tournament Entrants. The Prize will be the sum of all Tournament Entry Fees paid under Sections 4.A. and 4.B., by each "Tournament Entrant." Once a Tournament becomes an Accepted Tournament, the Gamerholic.com Service Fee will not be refunded at any time or for any reason to any Tournament Entrants; however, upon mutual agreement indicated by all Tournament Entrants to cancel the Accepted Tournament, all Tournament Service Fees collected for the Canceled Accepted Tournament will be credited to the Tournament Accounts from which they were originally drawn.
Rules Governing Each Accepted Tournament: All Tournaments are governed by the mutually agreed tournament rules of each tournament participant. It is Your responsibility to ensure that for every Tournament You participate in, You understand and will abide by the Tournament Rules at all times. Your failure to follow the Tournament Rules will result in an immediate and automatic forfeiture of any Posted or Accepted Tournament. Further, if Gamerholic.com learns of any User's failure to follow the Tournament Rules, Gamerholic.com reserves the right to terminate that User's Tournament Account. Play Of The Accepted Tournament An Accepted Tournament shall be completed by the Tournament Entrants in accordance with the Tournament Rules at a mutually agreed upon time.
Tournament results ("Tournament Results") and or disputes: All Tournament Results must be determined in strict accordance with the Tournament Rules. All Tournament Results must be reported within thirty (30) minutes following the expiration of the Tournament. All Tournament Results may be audited or verified by Gamerholic.com, which may occur within Gamerholic.com's sole discretion for any reason whatsoever.
ELIGIBILITY FOR SERVICES AND
YOUR RESPONSIBILITIES:
To create an Account, Log-In
and/or to participate in any
Tournament or related Site Services,
You must qualify and agree to
the conditions set forth below.
Failure to qualify and continuously
abide by any of the following
conditions constitutes a breach
of this Agreement. Specifically,
You agree that: You are a natural person, at least 18 years old, or the age of legal consent for engaging in Skill based games for cash and prizes under the laws of any jurisdiction that applies to You, whichever is greater. We expressly reserve the right to request proof of age, at any time;
All information that You provide in Your registration form and or settings form for the purposes of establishing Your Tournament Account is true and correct and You will promptly notify us of any changes to such information; You acknowledge that in establishing Your Tournament Account You have provided us with certain personal information about You (including details regarding Your method of payment). While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information. Your Tournament Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Tournament Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in Tournaments, or for any other purposes. Nor shall You reveal to any person Your means of payment to access or use the Site, to arrange, enter, and/or participate in Tournaments. We take no responsibility for any third party access to Your Tournament Account; You have verified and determined that Your use of the Site Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case; You fully understand the methods, rules and procedures of the Site Services, and Your use of the Site and Services will always comply fully with this Agreement, the Privacy Policy and the Tournament Rules: You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Gamerholic.com. You are fully aware that there is a risk of losing money by using the Site to arrange, enter, and/or participate in Tournaments and that You are solely responsible for any such loss; Your Tournament Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of any trade or business;
You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms; You shall not infringe or encroach upon Gamerholic.com 's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
You are physically located in a U.S. state or a jurisdiction located outside the U.S. in which participation in the Tournaments is not prohibited by the law of that State or jurisdiction. Participation in fee-based tournaments for prizes is prohibited in the following states, without limitation: Alaska, Arizona, Colorado, Delaware, Iowa, Maryland, North Dakota, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Tournaments from an unlisted state or jurisdiction is legal under any applicable laws or regulations.
You will not use the Site or Services for gambling, or to otherwise participate in games of chance; should you learn that any User is soliciting participation in gambling, you will immediately notify Gamerholic.com in writing;
You understand that Gamerholic.com may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site Services and/or Skills Challenges are illegal or restricted; You will not mask your identify in any way, including without limitation, IP masking by accessing the Site Services over any type of Proxy Server, through IP masking software or the like; and You understand that We have no ability to control the outcomes of your Tournaments, and We only provide the Site as a facility to match Challenge Entrants and award the Prize.
The laws and regulations governing Tournaments with entry fees and/or prizes (cash or otherwise) are determined by individual states and/or local jurisdictions. We DO NOT warrant that our Site and/or Services are in compliance with all the laws and regulations in any localities, including Your locality. It is Your responsibility to ensure compliance with the laws and regulations of Your locale. Please be certain to use the Services and participate in the Tournaments only after You have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
You agree that: You are a natural person, at least 18 years old, or the age of legal consent for engaging in Skill based games for cash and prizes under the laws of any jurisdiction that applies to You, whichever is greater. We expressly reserve the right to request proof of age, at any time;
All information that You provide in Your registration form and or settings form for the purposes of establishing Your Tournament Account is true and correct and You will promptly notify us of any changes to such information; You acknowledge that in establishing Your Tournament Account You have provided us with certain personal information about You (including details regarding Your method of payment). While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information. Your Tournament Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Tournament Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in Tournaments, or for any other purposes. Nor shall You reveal to any person Your means of payment to access or use the Site, to arrange, enter, and/or participate in Tournaments. We take no responsibility for any third party access to Your Tournament Account; You have verified and determined that Your use of the Site Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case; You fully understand the methods, rules and procedures of the Site Services, and Your use of the Site and Services will always comply fully with this Agreement, the Privacy Policy and the Tournament Rules: You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Gamerholic.com. You are fully aware that there is a risk of losing money by using the Site to arrange, enter, and/or participate in Tournaments and that You are solely responsible for any such loss; Your Tournament Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of any trade or business;
You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms; You shall not infringe or encroach upon Gamerholic.com 's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
You are physically located in a U.S. state or a jurisdiction located outside the U.S. in which participation in the Tournaments is not prohibited by the law of that State or jurisdiction. Participation in fee-based tournaments for prizes is prohibited in the following states, without limitation: Alaska, Arizona, Colorado, Delaware, Iowa, Maryland, North Dakota, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Tournaments from an unlisted state or jurisdiction is legal under any applicable laws or regulations.
You will not use the Site or Services for gambling, or to otherwise participate in games of chance; should you learn that any User is soliciting participation in gambling, you will immediately notify Gamerholic.com in writing;
You understand that Gamerholic.com may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site Services and/or Skills Challenges are illegal or restricted; You will not mask your identify in any way, including without limitation, IP masking by accessing the Site Services over any type of Proxy Server, through IP masking software or the like; and You understand that We have no ability to control the outcomes of your Tournaments, and We only provide the Site as a facility to match Challenge Entrants and award the Prize.
The laws and regulations governing Tournaments with entry fees and/or prizes (cash or otherwise) are determined by individual states and/or local jurisdictions. We DO NOT warrant that our Site and/or Services are in compliance with all the laws and regulations in any localities, including Your locality. It is Your responsibility to ensure compliance with the laws and regulations of Your locale. Please be certain to use the Services and participate in the Tournaments only after You have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
Your Account : You may only have one (1)
Account. You are prohibited
from holding more than one Account.
Your single Gamerholic.com Account
must be registered under Your
current full legal name, Your
email address and your current
permanent residential address.
Should You attempt to create
more than one (1) Tournament
Account under Your current legal
name or any other name, to use
the Services under any other
User's Account, or to create
an Account using a name other
than Your current legal name,
we will be entitled to immediately
terminate all of such Tournament
Accounts under Section 21 of
this Agreement.
You must choose a Log-In and
password during Account registration.
You are solely responsible for
all actions taken using Your
Log-In and password. You must
make every effort to keep Your
password safe and should not
disclose it to anyone. You shall
not permit, either directly
or indirectly, any other person
to use Your Log-In or password.
We are not responsible for any
losses or problems You suffer
as a result of Your disclosure
of Your Log-In or password information
to anyone else.
To access the Services outlined
under Section 4 of these Terms,
You must have previously established
a valid User Account as provided
herein. Further, You must meet
all the conditions described
throughout these Terms and You
must have money available in
Your Tournament Account sufficient
to accept or propose a Tournament
or otherwise post a Tournament
Tournament Fee.
You agree and understand that
We collect data relating to
Your Log-In, Your Tournaments,
and Your other Account activity,
including without limitation,
Your Tournament Results (e.g.,
Your win/loss record), the Challenge
Entrants You have previously
participated in a Tournament
with, Your Disputed Results
and the Prizes awarded to You.
We make this information public
so that other Users may attempt
to assess Your skill level and
history using the Site to arrange,
enter, establish, and participate
in Tournaments against You and/or
other Users.
U.S. FEDERAL REPORTING REQUIREMENTS: If Your total Prizes from Gamerholic.com in any given year
reach $600, and Your participation
occurred from within the U.S., Gamerholic.com will
request that You submit Your
social security number, and
such other information as Gamerholic.com, in its sole discretion,
may require in order to send
You a Form 1099 in compliance
with the U.S. federal income
tax reporting requirements.
Failure to provide Your social
security number and other requested
information at that time may
result in termination of Your
Tournament Account and Site
privileges by Gamerholic.com and Gamerholic.com 's inability to credit
Your Tournament Account, distribute
the balance of Your Tournament
Account to You, or distribute
any winnings to You in excess
of $600.
Account Deposits: You may deposit funds in
Your Gamerholic.com Account using
Pay-Pal or other means of payment
that We may approve from time
to time. All payments into Your Gamerholic.com
Account must be made from a
payment source on which You
are the named Account holder.
You agree that the Site is not
liable for any loss caused by
any unauthorized use of Your
Pay-Pal Account, Your credit
card or any other method of
payment by a third party in
connection with the Site. You
waive Your right to dispute
any payment made into Your Account
and You will personally bear
all costs.
Any attempt to defraud the Site
through the use of credit cards
or other methods of payment,
regardless of the outcome, or
any failure by You to honor
charges or requests for payment
will result in immediate termination
of Your Tournament Account,
forfeiture of any Prizes to
which You are otherwise entitled,
and civil and/or criminal prosecution.
In the case of suspected or
fraudulent payment, including
use of stolen Pay-Pal credentials,
by anyone, or any other fraudulent
activity, We reserve the right
to block a User's Account. We
shall be entitled to inform
any relevant authorities or
entities (including credit reference
agencies) of any payment fraud
or other unlawful activity,
and may employ collection services
to recover payments. We reserve
the right to run credit checks
on any User on the basis of
the information provided to
us on registration.
Account Withdrawals: Subject to express provisions
to the contrary as set forth
herein, at any time, You may
submit a "Withdrawal Request"
for a distribution of some or
all of the balance ("Distribution
Amount") of your Tournament
Account. Your Withdrawal Request
will be processed within a commercially
reasonable time.
Should You elect to request
any distribution of the balance
of Your Account, Gamerholic.com, at its sole discretion,
may require additional personal
or other information such as
Your full legal name, current
permanent residential address,
phone number, email address,
alias, Username, password, and
social security number sufficient
to a) generate payment, b) give
You access to web-based information,
and c) ensure compliance with
legal reporting requirements.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials, by anyone, or any other fraudulent activity, We reserve the right to block a User's Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any User on the basis of the information provided to us on registration.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials, by anyone, or any other fraudulent activity, We reserve the right to block a User's Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any User on the basis of the information provided to us on registration.
PROCESSING OF ACCOUNT DEPOSITS
AND WITHDRAWALS: Gamerholic.com may use third-party
electronic payment processors
and/or financial institutions
('ESPs') to process financial
transactions. You irrevocably
authorize us, as necessary,
to instruct such ESPs to handle
deposits (as defined under Section
10) and withdrawals (as defined
under Section 11) from Your
Tournament Account and you irrevocably
agree that Gamerholic.com may
give such instructions on your
behalf in accordance with your
requests as submitted on the Gamerholic.com website. You agree
to be bound by the terms and
conditions of use of each applicable
ESP, and in the event or conflict
between this Agreement and the
ESP's terms and conditions then
this Agreement shall prevail.
PROHIBITED USES OF THE SITE
AND SERVICES:
Illegal Funds: By entering into this Agreement and using the Site Services, You declare that the source of funds used by You on the Site is not illegal and that You will not use the Site or Services in any way as a money transfer system. You will not use the Service for any unlawful activity or prohibited transaction under the laws of any jurisdiction that applies to You. If Gamerholic.com suspects that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including without limitation, money laundering activities, Your access to the Service may be suspended or terminated immediately and/or Your Account blocked, and Gamerholic.com shall be entitled to inform relevant authorities. You will cooperate fully with Gamerholic.com to investigate any suspected unlawful, fraudulent or improper activity.
Collusion: Collusion occurs when two or more Users KNOWINGLY attempt to gain an unfair advantage by sharing knowledge of the Tournaments or other information to other Users' disadvantage. Unless a gamers purchased tips about their opponent on Gamerholic.com, Any User who attempts to collude or colludes with any other User while using the Service may be permanently banned from using the Service and their Account may be terminated immediately. Gamerholic.com will use commercially reasonable efforts to investigate complaints registered against Users suspected of collusion. If Gamerholic.com is informed during play about suspected collusive behavior, it may, in its sole discretion, terminate suspected Users' access to the Service and/or block their Accounts. However, under no circumstances shall Gamerholic.com be liable for any loss, whatsoever, sustained by You as a result of the collusive, or otherwise unlawful activity of any person using the Service and no User shall have the right to require Gamerholic.com to take any other steps against Users suspected of collusion, cheating or any other form of fraud.
Abuse:
By entering into this Agreement, You agree that You will not use any technique other than pure skill during a Tournament. Such techniques may include, but are not limited to, establishing multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another User or Account, or deliberately losing games for the purpose of getting a competitive advantage.
Illegal Funds: By entering into this Agreement and using the Site Services, You declare that the source of funds used by You on the Site is not illegal and that You will not use the Site or Services in any way as a money transfer system. You will not use the Service for any unlawful activity or prohibited transaction under the laws of any jurisdiction that applies to You. If Gamerholic.com suspects that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including without limitation, money laundering activities, Your access to the Service may be suspended or terminated immediately and/or Your Account blocked, and Gamerholic.com shall be entitled to inform relevant authorities. You will cooperate fully with Gamerholic.com to investigate any suspected unlawful, fraudulent or improper activity.
Collusion: Collusion occurs when two or more Users KNOWINGLY attempt to gain an unfair advantage by sharing knowledge of the Tournaments or other information to other Users' disadvantage. Unless a gamers purchased tips about their opponent on Gamerholic.com, Any User who attempts to collude or colludes with any other User while using the Service may be permanently banned from using the Service and their Account may be terminated immediately. Gamerholic.com will use commercially reasonable efforts to investigate complaints registered against Users suspected of collusion. If Gamerholic.com is informed during play about suspected collusive behavior, it may, in its sole discretion, terminate suspected Users' access to the Service and/or block their Accounts. However, under no circumstances shall Gamerholic.com be liable for any loss, whatsoever, sustained by You as a result of the collusive, or otherwise unlawful activity of any person using the Service and no User shall have the right to require Gamerholic.com to take any other steps against Users suspected of collusion, cheating or any other form of fraud.
Abuse:
By entering into this Agreement, You agree that You will not use any technique other than pure skill during a Tournament. Such techniques may include, but are not limited to, establishing multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another User or Account, or deliberately losing games for the purpose of getting a competitive advantage.
FEEDBACK AND REVIEWS:
Under this Agreement, You accept and understand that You and Your Account will be subject to feedback and reviews submitted by your opponents from Your previous Tournaments. For purposes of this Agreement, the terms "Material" and "Content" when used in relation to material and content posted by a User shall include any type of Material or Content, including without limitation, verbal, audio and visual.
The Site provides a forum for Tournament Entrants to post Material, such as comments, feedback or ratings to rate any previous adversaries that they have challenged, including their subjective rating of their ability. Upon completion of a Tournament, each Tournament Entrant will have the opportunity to submit publicly available feedback relating to the Tournament and their opponent. Gamerholic.com will remove feedback ratings and comments: if such Material violates the terms of this Agreement, and Gamerholic.com receives satisfactory notification of the same; upon mutual agreement of each User; or if Gamerholic.com is legally obligated by court order or Judgment, or pursuant to a settlement agreement resolving a lawsuit. Users should use caution and good judgment when submitting feedback or ratings for another User, because: Feedback or ratings cannot be edited or removed once they have been submitted. Feedback and ratings generally become a permanent part of a User's record and are publicly viewable. Users can be held legally responsible for damages to another User's reputation if a court were to find that the feedback or ratings constitute libel or defamation. Under federal law (the Communications Decency Act) because Gamerholic.com does not censor feedback or ratings or investigate them for accuracy, Gamerholic.com is not legally responsible for the feedback or ratings that are posted on the Site, even if the feedback or ratings are defamatory. However, this Communications Decency Act does not protect any person who leaves feedback or ratings from liability. Feedback or ratings that violate the terms of this Agreement, or that meet any of the circumstances described below or in the Abuse portion of Section 20, may be subject to removal.
Gamerholic.com is provided with a valid court order finding that the disputed feedback or ratings are slanderous, libelous, defamatory or otherwise illegal. The feedback or ratings contain profane, vulgar, obscene, or racist language or adult Material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed. The feedback or rating contains personal identifying information about another User, including real name, address, phone number, or e-mail address. The feedback or rating makes reference to law enforcement organization investigation. The feedback or rating contains links or scripts.
Feedback or ratings posted or submitted by a User who provided Gamerholic.com with false contact information and could not be contacted.
Feedback or ratings posted or submitted by Users who are indefinitely suspended for certain policy violations within 90 days of registration. Gamerholic.com believes that Users who are indefinitely suspended soon after registration shouldn't be able to permanently impact another Account. Gamerholic.com will automatically remove feedback from Users indefinitely suspended within 90 days of registration. Not all suspension types qualify for automatic feedback removal. Violations of these provisions may result in a range of actions, including without limitation, Account termination, limits on Account privileges, Account suspension and/or feedback or rating removal. Negative feedback or ratings intended for another User will be considered for removal only in situations where the User responsible for the mistaken posting informs Gamerholic.com of the error and has already placed the same feedback for the correct User.
Under this Agreement, You accept and understand that You and Your Account will be subject to feedback and reviews submitted by your opponents from Your previous Tournaments. For purposes of this Agreement, the terms "Material" and "Content" when used in relation to material and content posted by a User shall include any type of Material or Content, including without limitation, verbal, audio and visual.
The Site provides a forum for Tournament Entrants to post Material, such as comments, feedback or ratings to rate any previous adversaries that they have challenged, including their subjective rating of their ability. Upon completion of a Tournament, each Tournament Entrant will have the opportunity to submit publicly available feedback relating to the Tournament and their opponent. Gamerholic.com will remove feedback ratings and comments: if such Material violates the terms of this Agreement, and Gamerholic.com receives satisfactory notification of the same; upon mutual agreement of each User; or if Gamerholic.com is legally obligated by court order or Judgment, or pursuant to a settlement agreement resolving a lawsuit. Users should use caution and good judgment when submitting feedback or ratings for another User, because: Feedback or ratings cannot be edited or removed once they have been submitted. Feedback and ratings generally become a permanent part of a User's record and are publicly viewable. Users can be held legally responsible for damages to another User's reputation if a court were to find that the feedback or ratings constitute libel or defamation. Under federal law (the Communications Decency Act) because Gamerholic.com does not censor feedback or ratings or investigate them for accuracy, Gamerholic.com is not legally responsible for the feedback or ratings that are posted on the Site, even if the feedback or ratings are defamatory. However, this Communications Decency Act does not protect any person who leaves feedback or ratings from liability. Feedback or ratings that violate the terms of this Agreement, or that meet any of the circumstances described below or in the Abuse portion of Section 20, may be subject to removal.
Gamerholic.com is provided with a valid court order finding that the disputed feedback or ratings are slanderous, libelous, defamatory or otherwise illegal. The feedback or ratings contain profane, vulgar, obscene, or racist language or adult Material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed. The feedback or rating contains personal identifying information about another User, including real name, address, phone number, or e-mail address. The feedback or rating makes reference to law enforcement organization investigation. The feedback or rating contains links or scripts.
Feedback or ratings posted or submitted by a User who provided Gamerholic.com with false contact information and could not be contacted.
Feedback or ratings posted or submitted by Users who are indefinitely suspended for certain policy violations within 90 days of registration. Gamerholic.com believes that Users who are indefinitely suspended soon after registration shouldn't be able to permanently impact another Account. Gamerholic.com will automatically remove feedback from Users indefinitely suspended within 90 days of registration. Not all suspension types qualify for automatic feedback removal. Violations of these provisions may result in a range of actions, including without limitation, Account termination, limits on Account privileges, Account suspension and/or feedback or rating removal. Negative feedback or ratings intended for another User will be considered for removal only in situations where the User responsible for the mistaken posting informs Gamerholic.com of the error and has already placed the same feedback for the correct User.
CHAT SYSTEM: The Site may provide a chat
forum for Users to connect and
chat (the "Chat System"). Users
wishing to post Material on
the Chat System must strictly
adhere to the policies outlined
herein.
Any violation of these provisions
may result in a range of actions,
including without limitation,
Account termination, limits
on Account privileges, and/or
Account suspension.
DISCLOSURES:
Odds of Winning: You recognize and understand that the outcomes of Tournaments are directly related to the skill level of the Tournament Entrants, and are fully outside of control of Gamerholic.com. It is impossible for Gamerholic.com to assess Your odds of winning. Tournament Entrants are solely responsible for determining the Tournaments in which they enter and participate through use of the Site.
Verified Winner Determination:
Tournament Entrants are responsible for managing and reporting the Tournament Results to determine the Verified Winner. Gamerholic.com may act as a third-party arbiter for Disputed Results to determine a Verified Winner and award a Prize, or if not, convert the Accepted Tournament to a Canceled Accepted Tournament.
Odds of Winning: You recognize and understand that the outcomes of Tournaments are directly related to the skill level of the Tournament Entrants, and are fully outside of control of Gamerholic.com. It is impossible for Gamerholic.com to assess Your odds of winning. Tournament Entrants are solely responsible for determining the Tournaments in which they enter and participate through use of the Site.
Verified Winner Determination:
Tournament Entrants are responsible for managing and reporting the Tournament Results to determine the Verified Winner. Gamerholic.com may act as a third-party arbiter for Disputed Results to determine a Verified Winner and award a Prize, or if not, convert the Accepted Tournament to a Canceled Accepted Tournament.
WE DISCLAIM ALL OBLIGATIONS TO YOU: Gamerholic.com has no obligation
to check whether Users are using
the Site Services in accordance
with this Agreement or any other
agreement.
Under no circumstances shall Gamerholic.com be obligated to investigate
or pursue any complaints made
by a User against any other
User using the Site or Services
or to take any other action
in connection therewith, or
take any action against a User
for any reason, including without
limitation, for violating the
terms of this Agreement. Gamerhlic.com may,
in its sole discretion, decide
to take appropriate action against
any person it suspects to be
engaging in any unlawful activity
or otherwise violating the terms
of this Agreement, but is under
no obligation to do so.
You will not be entitled to
a refund from the Company for
any sums You believe to be owed
to You as a result of any other
User's misconduct, unlawful
behavior or otherwise, whether
or not the Company pursues any
action against such User. It
is Your sole responsibility
to resolve such issues without
involving Gamerholic.com.
RELEASE: If You have a dispute with one
or more Users, You release us
(and our officers, directors,
agents, subsidiaries, joint ventures
and employees) from all claims,
demands and damages (actual and
consequential) of every kind and
nature, known and unknown, arising
out of or in any way connected
with such disputes. If You are
a California resident, You acknowledge
and waive the effect of California
Civil Code �1542, which says:
"A general release does not extend
to claims which the creditor does
not know or suspect to exist in
his favor at the time of executing
the release, which if known by
him must have materially affected
his settlement with the debtor."
WE MAKE NO WARRANTY
OUR SITE SERVICES ARE PROVIDED
"AS-IS," "WITH ALL FAULTS"
AND "AS AVAILABLE." WE GIVE
NO EXPRESS WARRANTIES, GUARANTEES
OR CONDITIONAL WARRANTIES.
TO THE EXTENT PERMITTED
BY LAW, WE EXCLUDE ANY AND
ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
OUR LIABILITY IS LIMITED: As Our maximum liability for any violation of this Agreement, You can recover from Us only direct damages up to an amount equal to Your most recent Gamerholic.com Service Fee. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limited remedy applies to any matter related to the Site even if this remedy does not fully compensate Your for any losses, and whether or not We knew or should have known about the possibility of damages.
Note: Some states, countries, provinces and/or localities do not allow for limitation of incidental, consequential, or other damages, so the above limitation may not apply to You.
In the event that You have any right, claim or action against any other User arising from the User's use of the Site, You agree to pursue such right, claim or action independently of and without recourse to Us, and You release and agree to hold Us harmless from and against any and all claims, liability, damages, losses, costs and expenses including legal fees known and unknown, arising from or in any way connected with such right, claim or action.
We shall not be liable for any acts or omissions made by any Internet Service Provider ("ISP") with whom Users have contracted to gain access to the server that hosts the Site.
OUR LIABILITY IS LIMITED: As Our maximum liability for any violation of this Agreement, You can recover from Us only direct damages up to an amount equal to Your most recent Gamerholic.com Service Fee. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limited remedy applies to any matter related to the Site even if this remedy does not fully compensate Your for any losses, and whether or not We knew or should have known about the possibility of damages.
Note: Some states, countries, provinces and/or localities do not allow for limitation of incidental, consequential, or other damages, so the above limitation may not apply to You.
In the event that You have any right, claim or action against any other User arising from the User's use of the Site, You agree to pursue such right, claim or action independently of and without recourse to Us, and You release and agree to hold Us harmless from and against any and all claims, liability, damages, losses, costs and expenses including legal fees known and unknown, arising from or in any way connected with such right, claim or action.
We shall not be liable for any acts or omissions made by any Internet Service Provider ("ISP") with whom Users have contracted to gain access to the server that hosts the Site.