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.

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.

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.

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.

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.

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.

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.

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.