Last updated: 08/19/2016
THIS IS AN AGREEMENT BETWEEN YOU AND GamerSaloon.COMThis agreement (the "Agreement" and the "Terms") is a contract between You ("User," Users," "You" and "Your") and GamerSaloon.com ("GamerSaloon", the "Company", "Us", "We" and "Our) and governs Your use of the GamerSaloon.com website located at http://www.GamerSaloon.com, its content, the software and the associated materials made available through this website (collectively, the "Site").
Your establishment of a Skill Challenge Account under Section 7, including any User name or other information ("Your Skill Challenge Account" or "Your Account"); any subsequent log-in to Your Skill Challenge Account ("Log-in"); or any access, entry or participation in any skill challenge, contest, tournament, promotion, event or the like (collectively, "Skill Challenge" or "Skill Challenges") 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 Terms as posted on the Site. If you do not wish to be bound by this Agreement, do not establish a Skill Challenge Account, and do not use the Site or Services or participate in any Skill Challenges. If you have already established a Skill Challenge Account and you do not wish to continue to be bound by this Agreement, you should terminate Your Skill Challenge Account in accordance with Section 18 of this Agreement.
You understand and accept that GamerSaloon.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.
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 Skill Challenge. You agree to only participate in the Skill Challenges only after You have determined in good-faith that You are in compliance with state, local and other governing laws and regulations.
Participation within the United States of America (U.S.)
Participation in fee-based tournaments for prizes is prohibited in the following U.S. states, without limitation: Alaska, Arizona, Delaware, Maryland, Tennessee. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges 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 Skill Challenge 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 Skill Challenge 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")
GamerSaloon.com offers the Site as a common portal for Users to arrange, record and track Skill Challenges, as defined below, and related information, including but not limited to, Skill Challenge Entrants, fees, pre-designated prizes and Skill Challenge results.
GamerSaloon.com does not provide the Site or Services for Skill Challenges based on sporting or gambling events, including any games of chance. Instead, GamerSaloon.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.
Posted Skill Challenges
"Posted Skill Challenges" are facilitated through and posted on the GamerSaloon.com website by either GamerSaloon.com or any User who creates and maintains a Skill Challenge Account under Section 7. Posted Skill challenges provide a forum for Users to participate in a Skill Challenge for a pre-designated "Prize" with other Users by paying a "Skill Challenge Entry Fee" and a "GamerSaloon.com Service Fee" (or collectively, "Skill Challenge Tournament Fee") to GamerSaloon.com.
The Prize will be the sum of all Skill Challenge Entry Fees paid under this Section and Section 4.A., by each "Skill Challenge Entrant."'
- "GamerSaloon.com Posted Skill Challenges" are Posted Skill Challenges posted on the GamerSaloon.com website by GamerSaloon.com.
- "User Posted Skill Challenges" are Posted Skill Challenges posted on the GamerSaloon.com website by any User who creates and maintains a Skill Challenge Account under Section 7. Any User who creates and maintains a Skill Challenge Account under Section 7 may invite another User or Users to participate in a Skill Challenge for a pre-designated Prize by paying a Skill Challenge Entry Fee and a GamerSaloon.com Service Fee (or collectively, Skill Challenge Tournament Fee) to GamerSaloon. Prior to posting any such invitation to a Skill Challenge for a Prize, You must have sufficient funds in Your Skill Challenge Account to cover the Skill Challenge Tournament Fee. Without exception, creating a User Posted Skill Challenge shall automatically enter the User who created that Posted Skill Challenge into that Posted Skill Challenge.
Accepting A Posted Skill Challenge ("Accepted Skill Challenge")
Any User who creates and maintains a Skill Challenge Account under Section 7 may enter a Posted Skill Challenge by paying the Skill Challenge Tournament Fee to GamerSaloon.com. Prior to entering the foregoing Skill Challenge, You must have sufficient funds in Your Skill Challenge Account to cover the Skill Challenge Tournament Fee. Upon entry of a Posted Skill Challenge, GamerSaloon.com will immediately withdraw the Skill Challenge Tournament Fee from Your Skill Challenge Account.
The first User to enter a GamerSaloon.com Posted Skill Challenge, or the User who creates a User Posted Skill Challenge, will define a "Skill Challenge Timeframe," which shall define when a Posted Skill Challenge shall be completed by the Skill Challenge Entrants.
When only one User has entered a Posted Skill Challenge the Skill Challenge can be cancelled at any time and, notwithstanding any provision herein to the contrary, the Skill Challenge Tournament Fee will be credited to the Account from which it was originally drawn.
Once two or more Users enter a Posted Skill Challenge, the Skill Challenge immediately converts to an "Accepted Skill Challenge," and GamerSaloon.com will immediately withdraw the Skill Challenge Tournament Fee from all Accounts of all Skill Challenge Entrants. The Prize will be the sum of all Skill Challenge Entry Fees paid under Sections 4.A. and 4.B., by each "Skill Challenge Entrant." Once a Posted Skill Challenge becomes an Accepted Skill Challenge, the GamerSaloon.com Service Fee will not be refunded at any time or for any reason to any Skill Challenge Entrants; however, upon mutual agreement indicated by all Skill Challenge Entrants to cancel the Accepted Skill Challenge pursuant to section 4.H., all Skill Challenge Entry Fees collected for the Canceled Accepted Skill Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn.
Rules Governing Each Accepted Skill ChallengeAll Skill Challenges are governed by the "Skill Challenge Rules" provided at http://www.GamerSaloon.com/SkillChallengeRules.php. It is Your responsibility to ensure that for every Skill Challenge You participate in, You understand and will abide by the Skill Challenge Rules at all times, and that you review the Skill Challenge Rules from time to time for updates. Your failure to follow the most current Skill Challenge Rules will result in an immediate and automatic forfeiture of any Posted or Accepted Skill Challenge. Further, if GamerSaloon.com learns of any User's failure to follow the Skill Challenge Rules, GamerSaloon.com reserves the right to terminate that User's Skill Challenge Account pursuant to Section 18 of this Agreement.
Play Of The Accepted Skill Challenge
An Accepted Skill Challenge shall be completed by the Skill Challenge Entrants in accordance with the Skill Challenge Rules at a mutually agreed upon time within the Skill Challenge Timeframe.
Failure to meet this timeframe will automatically result in a cancellation of the Accepted Skill Challenge, as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the Canceled Accepted Skill Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No GamerSaloon.com Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
skill challenge results ("Skill Challenge Results")
All Skill Challenge Results must be determined in strict accordance with the Skill Challenge Rules.
All Skill Challenge Results must be reported within two (2) hours following the expiration of the Skill Challenge Timeframe. Failure to meet this timeframe will automatically result in a cancellation of the Accepted Skill Challenge, as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the Canceled Accepted Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No GamerSaloon.com Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
Subject to this Agreement, if each Skill Challenge Entrant reports the same Skill Challenge Result, the result will be considered a "Verified Result" and the winner a "Verified Winner." If there is a discrepancy or conflict between any reports of the Skill Challenge Results, the Skill Challenge Results are otherwise contested, or if no Skill Challenge Entrants or only one Skill Challenge Entrant reports a result, the result will be considered a "Disputed Result." GamerSaloon.com will attempt to convert each Disputed Result to a Verified Result using the Disputed Result Guidelines provided in Section 4.F. Disputed Results will be tracked, monitored and publicly displayed as provided in Section 4.G.
All Skill Challenge Results may be audited or verified by GamerSaloon.com, which may occur within GamerSaloon.com's sole discretion for any reason whatsoever.
No User Reports a ResultUpon the conclusion of two (2) hours following the expiration of the Skill Challenge Timeframe, if no Skill Challenge Entrants have reported Skill Challenge Results, no Verified Winner will be determined, the Accepted Skill Challenge will be cancelled automatically as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the Canceled Accepted Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No GamerSaloon.com Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
One User Reports a ResultUpon the conclusion of two (2) hours following the expiration of the Skill Challenge Timeframe, if only one Skill Challenge Entrant has reported the Skill Challenge Result, the Verified Winner will be determined in accordance with the single report and the Prize will be awarded accordingly.
Users Report Conflicting Results
If there is a discrepancy between any of the Skill Challenge Results reported between two or more Skill Challenge Entrants, GamerSaloon.com will use commercially reasonable efforts to determine the Verified Winner and award the Prize accordingly. GamerSaloon.com uses a proprietary process to determine the Verified Winner and Our judgment as to the Verified Winner will be considered the final judgment, therefore, GamerSaloon.com shall not be required to disclose how the Verified Winner is determined. GamerSaloon.com reserves the right to suspend, terminate or otherwise cancel the Skill Challenge Account of the Skill Challenge Entrant who submitted a report contrary to the Verified Winner as determined by GamerSaloon.com. Your only recourse is to terminate Your Skill Challenge Account and cease using the Services. Any time conflicting results are reported under this Section, GamerSaloon.com, in its sole discretion, may attribute such conflicting results to Your Skill Challenge Account and publicly display the same in Your Skill Challenge History and Your Skill Challenge Account pursuant to Section 4.G.
In certain instances, GamerSaloon.com may not be able to determine a Verified Winner, at which time the Accepted Skill Challenge will automatically be deemed a Canceled Accepted Skill Challenge, as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the canceled Accepted Skill Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No GamerSaloon.com Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
Tracking And Public Display Of Disputed ResultsGamerSaloon.com will record and publicly display all disputed results incurred by You and associated with Your Skill Challenge Account. By displaying such Disputed Results, other Users can determine Your Skill Challenge worthiness and credibility. If You accumulate over three (3) Disputed Results in any thirty (30) day period, GamerSaloon.com may suspend or terminate Your Skill Challenge Account at its sole discretion. Upon incurring any Disputed Result, You will have twenty-four (24) hours to comment or otherwise offer reasons for accumulating a Disputed Result which will be publicly provided to all Users of GamerSaloon.com. In this regard, it is Your responsibility to leave prompt feedback pursuant to Sections 10 and 11 hereunder for any perceived foul play by any Challenge Entrants You have previously Challenged.
Cancellation Of Accepted Skill Challenges ("Canceled Accepted Skill Challenge")
An Accepted Skill Challenge shall be deemed a Canceled Accepted Skill Challenge in the following Situations:
- Accepted Skill Challenges may be canceled upon the mutual request and agreement of ALL Skill Challenge Entrants;
- When no Skill Challenge Results are reported to GamerSaloon.com within two (2) hours following the expiration of the Skill Challenge Timeframe; and/or
- When multiple Skill Challenge Entrants Report conflicting results and GamerSaloon.com can not determine a Verified Winner, pursuant to Section 4.F of this Agreement.
All Skill Challenge Entry Fees collected for any Canceled Accepted Skill Challenge shall be credited to the Skill Challenge Accounts from which they were originally drawn. No GamerSaloon.com Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
Deposit Of Prize Into Skill Challenge Account Of The Verified Winner.Subject to Section 7, Section 8, Section 9 and Section 21, the Prize will be credited by the Company to the Account of the Verified Winner within a commercially reasonable time.
ELIGIBILITY FOR SERVICES AND YOUR RESPONSIBILITIES
To create a Skill Challenge Account, Log-In and/or to participate in any Skill Challenge 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 Challenges 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 for the purposes of establishing Your Skill Challenge Account is true and correct and You will promptly notify us of any changes to such information;
- Your Skill Challenge 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 Skill Challenge Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in Skill Challenges, 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 Skill Challenges. We take no responsibility for any third party access to Your Skill Challenge 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 will not engage in any conduct that injures or may injure the business, reputation or goodwill of the Company;
- You are fully aware that there is a risk of losing money by using the Site to arrange, enter, and/or participate in Skill Challenges and that You are solely responsible for any such loss;
- Your Skill Challenge 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 GamerSaloon.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 Skill Challenges 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, Delaware, Iowa, Maryland, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges 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 GamerSaloon.com in writing;
- You understand that GamerSaloon.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 Skill Challenges, 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 Skill Challenges only after You have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
PERSONS NOT ELIGIBLE
Notwithstanding Section 5, the following persons are ineligible to arrange, enter, establish, and/or participate in any Skill Challenge through use of the Site, or to receive any Skill Challenge Prize arranged or established through use of the Site or by GamerSaloon.com:
- Except with respect to arranging, entering, establishing and/or participating in any Skill Challenge for demonstration purposes, employees, immediate family of employees, agents, and contractors of GamerSaloon.com (including its parent companies, subsidiaries and affiliates), and those of any other manufacturer or developer of the games or equipment used for the Skill Challenges arranged or established through use of the Site (i.e., any person with access to non-public information regarding the operation of any Skill Challenge arranged or established through use of the Site).
- Participation in fee-based tournaments for prizes is prohibited in the following U.S. states, without limitation: Alaska, Arizona, Delaware, Iowa, Maryland, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges from an unlisted state is legal under any applicable laws or regulations.
YOUR SKILL CHALLENGE ACCOUNT
You may only have one (1) Skill Challenge Account. You are prohibited from holding more than one Account. Your single Skill Challenge 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) Skill Challenge Account under Your current legal name or any other name, to use the Services under any other User's Skill Challenge 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 Skill Challenge 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 Skill Challenge Account sufficient to accept or propose a Skill Challenge or otherwise post a Skill Challenge Tournament Fee.
You agree and understand that We collect data relating to Your Log-In, Your Skill Challenges, and Your other Account activity, including without limitation, Your Skill Challenge Results (e.g., Your win/loss record), the Challenge Entrants You have previously participated in a Skill Challenge 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 Skill Challenges against You and/or other Users.
U.S. FEDERAL REPORTING REQUIREMENTSIf Your total Prizes from GamerSaloon.com in any given year reach $600, and Your participation occurred from within the U.S., GamerSaloon.com will request that You submit Your social security number, and such other information as GamerSaloon.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 Skill Challenge Account and Site privileges by GamerSaloon.com and GamerSaloon.com's inability to credit Your Skill Challenge Account, distribute the balance of Your Skill Challenge Account to You, or distribute any winnings to You in excess of $600.
VERIFICATION OF YOUR ACCOUNT INFORMATIONGamerSaloon.com reserves the right to conduct a review, at any time, to validate Your Skill Challenge Account information, collected under Section 7 and Section 8, to ensure that Your participation in the GamerSaloon.com Skill Challenges and Your financial transactions do not breach this Agreement and/or any applicable law. You authorize us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information, including but not limited to, credit reports and information in third-party databases. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as GamerSaloon.com, in its discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or GamerSaloon.com cannot verify the information applicable to Your Skill Challenge Account submitted pursuant to Section 7 or Section 8, Your Skill Challenge Account will be terminated pursuant to Section 21, and all funds remaining in Your Skill Challenge Account will become forfeited.
You may deposit funds in Your Skill Challenge Account using Pay-Pal or other means of payment that We may approve from time to time, as defined in Section 12. All payments into Your Skill Challenge 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 Skill Challenge 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.
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 Skill Challenge Account. Your Withdrawal Request will be processed within a commercially reasonable time.
For each Withdrawal Request submitted by You, a transactional Withdrawal Fee will be debited to Your requested Distribution Amount and, within a reasonable time, You will receive a "Distribution Payout" equal to the Distribution Amount less the Withdrawal Fee. There is a there is a $3 Transaction Processing Fee on all Paypal withdrawals and a $5 Transaction Processing Fee on all Check withdrawals. In certain circumstances we reserve the right to and may refund the Distribution Amount to the credit card used to make deposits instead of issuing the Distribution Amount through Paypal or Check.
Should You elect to request any distribution of the balance of Your Skill Challenge Account, GamerSaloon.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.
Any Bonus Cash credits to your Skill Challenge Account are not eligible for withdrawal.
PROCESSING OF ACCOUNT DEPOSITS AND WITHDRAWALSGamerSaloon.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 Skill Challenge Account and you irrevocably agree that GamerSaloon.com may give such instructions on your behalf in accordance with your requests as submitted on the GamerSaloon.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 FundsBy 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 the Company 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 the Company shall be entitled to inform relevant authorities. You will cooperate fully with the Company to investigate any suspected unlawful, fraudulent or improper activity.
CollusionCollusion occurs when two or more Users attempt to gain an unfair advantage by sharing knowledge of the Skill Challenges or other information to other Users' disadvantage. 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. The Company will use commercially reasonable efforts to investigate complaints registered against Users suspected of collusion. If the Company 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 the Company 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 the Company to take any other steps against Users suspected of collusion, cheating or any other form of fraud.
AbuseBy entering into this Agreement, You agree that You will not use any technique other than pure skill during a Skill Challenge. 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. For a more exhaustive discussion of prohibited techniques, refer to the Skill Challenge Rules located at http://www.GamerSaloon.com/SkillChallengeRules.php.
Under this Agreement, You accept and understand that You and Your Account will be subject to feedback and reviews submitted by Skill Challenge Entrants from Your previous Skill Challenges. 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 Skill Challenge 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 Skill Challenge, each Skill Challenge Entrant will have the opportunity to submit publicly available feedback relating to the Skill Challenge and their opponent.
GamerSaloon.com will remove feedback ratings and comments:
- if such Material violates the terms of this Agreement, and GamerSaloon.com receives satisfactory notification of the same;
- upon mutual agreement of each User; or
- if GamerSaloon.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 GamerSaloon.com does not censor feedback or ratings or investigate them for accuracy, GamerSaloon.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.
- GamerSaloon.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 GamerSaloon.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. GamerSaloon.com believes that Users who are indefinitely suspended soon after registration shouldn't be able to permanently impact another Account.
- GamerSaloon.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 GamerSaloon.com of the error and has already placed the same feedback for the correct User.
The Site provides 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, fines, limits on Account privileges, and/or Account suspension.
Odds of Winning
You recognize and understand that the outcomes of Skill Challenges are directly related to the skill level of the Skill Challenge Entrants, and are fully outside of control of GamerSaloon.com. It is impossible for GamerSaloon.com to assess Your odds of winning. Skill Challenge Entrants are solely responsible for determining the Skill Challenges in which they enter and participate through use of the Site.
Verified Winner Determination
Skill Challenge Entrants are responsible for managing and reporting the Skill Challenge Results to determine the Verified Winner. As outlined in Section 4, GamerSaloon.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 Skill Challenge to a Canceled Accepted Skill Challenge.
WE DISCLAIM ALL OBLIGATIONS TO YOU
GamerSaloon.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 GamerSaloon.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. GamerSaloon.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 GamerSaloon.com.
RELEASEIf 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 WARRANTYOUR 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 GamerSaloon.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.
TERM AND TERMINATION
You may terminate Your Skill Challenge Account at any time by giving us thirty (30) days prior written notice to the e-mail address account.termination@GamerSaloon.com..
We expressly reserve the right to terminate Your Skill Challenge Account (including Your Log-In and password) for any reason, including without limitation, violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.
If Your Skill Challenge Account is terminated by either You or us, We will pay You the balance outstanding in Your Account in accordance with Section 11, notwithstanding express provisions to the contrary as set forth herein.
Termination for Violation of Terms
If We terminate Your Skill Challenge Account for violating any of the Terms, in addition to the Withdrawal Fee, a Termination Fee will be subtracted from Your Account. The Termination Fee is $5.00 (U.S.).
Termination for Latency
If Your Skill Challenge Account has a balance less than or equal to $15.00 (U.S.) and Your Account experiences no activity for sixty (60) consecutive days, Your Account will be automatically terminated, and the balance in Your Skill Challenge Account will be considered an administrative charge and will immediately become property of GamerSaloon.com.
If Your Skill Challenge Account has a balance greater than $15.00 (U.S.), upon sixty (60) consecutive days of inactivity, a $15.00 (US) administrative charge will be deducted from Your Account. For every subsequent thirty (30) consecutive days of inactivity, a $10.00 (US) administrative charge will be deducted from Your Account.
You can avoid Termination and the Termination fee that may arise from latency by notifying Us, in writing, before the foregoing sixty (60) day latency occurs. Written notification under this section should be directed to latent@GamerSaloon.com.
Disbursement of Account Balance Upon Termination
Upon termination, an automatic Withdrawal Request will be entered pursuant to section 11 for any balance remaining in Your Account. All Account disbursements that may be processed due to termination are subject to Sections 7, Section 8 and Section 9.
When You submit any information, Content, feedback or ratings (collectively, "Submissions"), You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use such Submissions and to exercise the related copyright, publicity, and database rights You have in the Submissions, in any media known now or in the future. (We need these rights to host and display Your Submissions.)
You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassembly, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Site unless We have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.
Reporting Infringements or Other Concerns
If You believe that the Site or any software, work or content on the Site infringes any copyright, trademark, patent, trade secret or other intellectual property right, or if You have other material concerns regarding the Site, privacy or the like, You may notify our designated agent by using the contact information below:infringement@GamerSaloon.com.
The terms GamerSaloon.com and GamerSaloon.com are the trademarks, service marks and/or trade names of GamerSaloon.com. You obtain no rights in such copyright material or trade or service marks and must not use them without the GamerSaloon.com's written permission.
Without limiting other remedies, We may limit, suspend, or terminate access and use of our Site or Services, and Accounts, prohibit access to the Site, remove hosted Content, and take technical and legal steps to keep any User off the Site if We think that such User is creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and Condition or Our policies.
The following are common examples of violations that may result in immediate removal, warning, sanction, Account termination, or suspension from the Site:
- Posting Material of any third party, including proprietary Material;
- Advocating or proposing illegal activity or discussing an intent to commit an illegal act;
- Including another individual's contact information and/or email address in a post.
- Including pornography, indecency, profanity, vulgarity, hate speech, disruptive, or hostile comments, interpersonal disputes, or threats of violence in a post;
- Seeking to exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable information or the like;
- Impersonating or misrepresenting Your connection to any other entity or person or otherwise manipulating headers or identifiers to disguise the origin of the Content;
- Impersonating or attempting to impersonate GamerSaloon.com staff or other Users;
- Encouraging others to violate GamerSaloon.com policies or the GamerSaloon.com Terms and Conditions;
- Using the Site for commercial purposes, including advertising any commercial endeavor (e.g., offering for sale products or services) except as may be specifically authorized by GamerSaloon.com;
- Soliciting funds, investors, advertisers or sponsors;
- Submitting any programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, redirect, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disrupting the normal flow of dialogue, causing a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
- Posting or uploading MP3 formatted files;
- Posting any information containing hyper-links to other sites that contain Content that otherwise violates this Agreement, or falls within the descriptions of Abuse set forth herein;
- Refusing to follow GamerSaloon.com staff instructions;
- Posting email Content from private parties;
- Discussing or reposting deleted posts or warning letters, or discussion of sanctioned or no longer registered Users; and/or
- Using the Site or Services for gambling, or to otherwise participate in games of chance.
Modification Of The Terms
We may modify any portion of the Terms, without notice, at any time. A printable version of the most current form of the Terms is available on the GamerSaloon.com website (http://www.GamerSaloon.com), and can specifically be found at http://www.GamerSaloon.com/tou.php. Following such modification, Your continued use of the Site or Services signifies Your acceptance of the modifications and You understand and accept that You become immediately bound thereby. You are solely responsible for periodically reviewing these Terms and Conditions for any such modifications.
Modification Of The Services
We may modify or terminate the Services or elements (e.g., Skill Challenges offered or the like) at any time.
We may assign this agreement, in whole or in part, at any time with or without notice to You. You may not assign this agreement, or any part of it, to any other party. Any attempt by You to do so is void, and Your Account may be deemed terminated subject to Section 18. Instead, You may terminate Your Account. The other party may then establish an Account and enter into a contract with Us.
Choice Of Law
This Agreement shall be construed, enforced and governed by the laws of the State of Michigan and applicable federal law. You agree to accept the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan, U.S.A. and You shall only bring suit against Us for any dispute arising out of this Agreement in a court of law in the state and federal courts located in Oakland County, Michigan, U.S.A. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. No party shall make a motion to dismiss or transfer any case filed in accordance with this subsection on the basis of improper venue, personal jurisdiction, or of the convenience of any party or witness.
You agree to indemnify, defend, and hold harmless GamerSaloon.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) Your use of this Site or Services either alone or in combination with any other material, (3), Your failure to abide by any restriction regarding the use of any Skill Game Challenges or Submissions, or (4) any claim by a third party related to the use of Skill Game Challenges or Submissions, alone or in combination with any other material. In any dispute between GamerSaloon.com and You, GamerSaloon.com shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from You.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for whatever reason, the remaining provisions not so declared shall nevertheless continue in full force and effect without being impaired in any manner whatsoever.
No term or condition of this Agreement shall have been deemed to have been waived, nor shall there be an estoppel against the enforcement of this Agreement, except by written instrument of the party to be charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as any other than that specifically waived.
Our Site may link to other websites that are not under GamerSaloon.com's control. These links do not imply endorsement by GamerSaloon.com and We are not responsible for the availability of or the Content contained in any linked website.
Third Party Advertising
From time to time, GamerSaloon.com may display or otherwise make available promotions, advertisements and/or offers provided by third-parties ("Third Party Promotions"). You understand and agree to hold GamerSaloon.com harmless and agree that GamerSaloon.com shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.
This Site may contain or use technology that provides GamerSaloon.com with information regarding Your use of the Site, or which permits GamerSaloon.com to audit Your compliance with this Agreement via the use of software designed therefor. GamerSaloon.com may collect general statistical information about Your accessing or viewing the Site such as, but not limited to, the total number of visitors, most-accessed services or areas on the website, Your IP address, etc. GamerSaloon.com may use such data to better serve You and to improve the Site features.
GamerSaloon.com may collect User e-mail addresses. You hereby consent to receive communication from GamerSaloon.com and any affiliated party by e-mail. Such communication may include marketing information, updates about the services provided on this website, or other information.