TERMS AND CONDITIONS
Effective: March 8, 2012
Welcome to the Slix Media network of websites ("Website") and thank You for reviewing Our Terms and Conditions ("Terms"). We hope that each visitor to the Website ("You," "Your," or "User") will enjoy themselves. Prize, LLC ("Provider," "We," "Our", or "Us") makes this Website, including the online skill games, subscription services, fun and social games and all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the "Games Service" or "Service") available for Your use subject to these Terms set forth below. These Terms constitute a legally binding agreement that govern Your use of the Website and spell out what You can expect from Us and what We expect from You. You may access these Terms at any time by using the link on the bottom of the any page on the Website besides the game page, which is the page on the Website where You are engaged in the action of playing a game.
The Website is a skill-gaming platform where Users are able to play online skill games, including pay-to-play games as well as fun and social games. Information pertaining to the games and the specific rules for each game can be found on the Website.
1. Acceptance of Terms and Conditions
By accessing the Website and/or becoming a registered member ("Member") of the Website by creating an authorized Member account ("Account"), You agree to abide by these Terms. Please read the following Terms carefully. If You do not agree to the Terms, do not use this Website
. Any User who accesses, uses, or downloads in any way, without limitation, any Service from the Website, or merely browses the Website, agrees to and is bound by these Terms.
To be eligible to become a registered Member and create an Account, You must: (a) be at least thirteen (13) years of age; (b) not be a firm, business entity or institution; and (c) at all times abide by these Terms and Conditions and all rules governing said game, as set forth on the Game Rules
web page. Provider reserves the right to verify Your age. Any failure to cooperate with Provider in this respect will result in termination of Your Account.
Your Account will allow You to access the Website. Some functionalities of the Website, including subscription services, the ability to purchase Virtual Items (defined below), and the ability to enter into a game where the User pays money in order to participate in a competition for the opportunity to win a prize ("Pay-to-Play Prize Gaming") (collectively "Paid Services"), will only be made available to certain Members who are physically located in a country, state, city or other legal entity (collectively "Jurisdiction") in which participation in the Pay-to-Play Prize Gaming is permitted as detailed below ("Cash Members").
By accessing the Website or utilizing any aspect of the Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User. Employees, officers, directors, investors, agents, and representatives of Provider or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household are NOT eligible to become a registered Member on the Website.
Our employees, investors and subsidiary companies are allowed to take part in tournaments for the purpose of testing the user experience, but may not withdraw money or cash for themselves.
3. User Accounts
A. Registration and Account Responsibility
To be eligible to become a registered Member, You will need to register and create an Account. To create an Account, You will need to submit Your e-mail address and select a unique username and a password (the "Identifiers") and other details as requested. The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Provider receives information of a username which is illegal or in breach of these Terms and Conditions, this username can be amended by Provider without prior notice.
When You create Your Account, You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by contacting us via our Support Center
. If You provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By registering for an Account, You also consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse.
B. Secrecy Obligation
You agree to keep Your Identifiers secure and confidential. If You intentionally or unintentionally, directly or indirectly, disclose Your Identifiers to another User, and such disclosure results in another party participating in games using Your Account, such participation may be held valid, and You will not be refunded any resulting losses, regardless of whether or not that party had Your consent or not. If You misplace, forget, or lose Your Identifiers because of anything other than Provider's error, the Provider shall not be liable.
C. One Account
Only one Account is allowed per person. If it is determined that You have registered more than one Account, then You acknowledge and agree that You shall not be eligible to win any prizes and Provider has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Website (or any portion thereof) and/or all deposits and winnings may be voided and not returned to You.
D. No Transfer
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to use the Service in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this Section may be reported to the relevant authorities and will forfeit all funds in Your Account. Provider will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. However, You will be liable for losses incurred by Provider or another party due to someone else using Your Account.
Provider will offer via the Website a variety of different games available for play. Each game offered on the Website is subject to its own rules. In the event You enter and/or participate in a game, You accept and agree to abide by all rules governing said game, as set forth on the Game Rules
web page. Rules may be amended from time to time, so please check rules often. These rules are deemed to be incorporated into these Terms and Conditions.
Games made available on the Website will be offered as either free games or as Pay-to-Play Prize Gaming, which requires You pay an entry fee in order to participate for the chance to win a prize. Members of the Website who live in a Jurisdiction that prohibits Pay-to-Play Prize Gaming, as detailed below, and are at least thirteen (13) years or older ("Star Members") are eligible only to participate in free to enter skill games for the opportunity to win virtual currency ("Prize Stars"). Prize Stars can be used by Star Members to unlock features on the Website, to purchase virtual goods for User's avatar and to exchange for physical prizes. Prize Stars cannot be bought, wagered or risked by Star Members.
Each game offered on the Website is a game of skill where the outcome is determined by skill rather than chance or luck. You acknowledge Your success depends on the number of Members participating and the skill levels of each Member participating. Provider does not comment or have knowledge of the probability of one Member winning a game, and makes no representations about an individual member's likelihood of winning.
The results and winners of each game, competition or tournament available on the Website via either the free play or Pay-to-Play Prize Gaming Service will be determined by the Provider in its sole discretion. In the event of a dispute relating to a game, including issues relating to Your compliance with these Terms and Conditions, You agree to be bound by the decision of Provider, which is final in all respects. If Provider determines that operating any aspect of the Service is not feasible for any reason, including, but not limited to, a change in the risk of operating the offering, or insufficient participation, then that aspect of the Service may be ended by Provider and Provider shall owe You nothing.
5. Virtual In-Game Items
In the Service, Provider may offer Members (a) a license to use in-game currencies ("Virtual Currency") including, but not limited to Prize Stars; and (b) a license to use virtual, in-game digital items (together with "Virtual Currency," "Virtual Items") for use in the Service. Star Members cannot buy, wager or risk any Virtual Currency, including Prize Stars, in the Service. Star Members may only win Virtual Currency by participating in free to play skill games. Cash Members not only may win Virtual Currency but are also able to purchase Virtual Currency from Provider.
ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE NON-REFUNDABLE AND NON-TRANSFERABLE. VIRTUAL ITEMS HAVE NO VALUE OUTSIDE OF THE SERVICE.
Provider reserves the right to refuse service or decline orders for Virtual Items for any reason. Accordingly, Provider may request written verification and proof of Your identity, including a request for You to supply Provider with a copy of government issued photo identification at its sole discretion. You agree that all sales of Virtual Items are final. No refunds will be given, except at Provider's sole and absolute discretion. All Virtual Items are forfeited if Your Account is terminated or suspended for any reason, at Provider's sole and absolute discretion, or if the Provider discontinues providing the Service.
Transfers of Virtual Items are strictly prohibited except where explicitly authorized within the Service. Outside of the Service, You may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and Conditions and may result in a lifetime ban from the Service and possible legal action.
YOU ACKNOWLEDGE THAT PROVIDER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6. Paid Services
Some Services require payment of a fee. You must be a Cash Member and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services, visit Account Upgrade.
A. Cash Members
Paid Services are limited to only Cash Members. You must meet the following requirements to be eligible to become a Cash Member. You must be 18 years of age and are not a person barred from receiving Pay-to-Play Prize Gaming under the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service, be registered on the Site as a Member with accurate information, establish an Account and deposit funds. Residents of Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee or Vermont are NOT eligible to become Cash Members. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Registering as a Cash Member means You agree that when engaging in any of Paid Services that:
- You are able to enter into a legally binding agreement with Us.
- You are located in a jurisdiction that allows You to participate in Pay-to-Play Prize Gaming for money. If You are unsure if Your Jurisdiction allows You to participate in this type of activity, You should double check before playing any of Our Pay-to-Play Prize Gaming for money.
- You are not conducting a business of negotiating or receiving bets.
- You are depositing money that solely belongs to You, and that the money is not from criminal or other illegal activity or that You are not using a credit, debit or charge card that does not belong to You to deposit money into Your Account.
- You are not bankrupt at the time You are trying to deposit.
- You are aware that You may lose the money You use to enter into Pay-to-Play Prize Gaming and that You accept full responsibility for any losses You incur due to losing to another Cash Member; and
- You will not use Prize.com for any purpose that is unlawful or prohibited by these Terms and Conditions.
If You participate in a Paid Services event offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Website nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.
B. Subscription Services
Cash Members can also pay a regular monthly subscription fee of $5.99 per month to unlock premium games, premium avatar items, priority customer support and deposit bonuses (if in legal territory). Star Members are not eligible for the subscription service. For information about subscription service, visit the Account Upgrade page. Cash Members that subscribe will be automatically billed when their current subscription period ends for the same subscription period, unless automatic renewal is unselected through the My Account section of the Website before automatic renewal.
Cash Members that do not renew their subscription will revert to normal Cash Member status when their subscription expires and will be offered a more limited range of games and more limited community features but will keep all Virtual Items and money that were won while a subscriber.
The monthly cost of the subscription service is set out on the Account Upgrade page and is payable in advance. The amount that You pay to subscribe for the subscription service is refundable within 14 days of Your first payment (minus a pro rata deduction for the amount of days that You have had access to the subscription service). You are not entitled to a refund of the amount that You paid Us for the subscription service after 14 days.
To participate in the Paid Services, You will be required to pay funds into Your Cash Member Account by any of the methods permitted by the Website. Such funds will be deposited into Your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to Your payments into Your Account, depending upon Your history with the Website, the method of deposit, and other factors as determined solely by the Provider. The Provider is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit in Your Account. All payments into Your Account must be from a payment source on which You are the named account holder.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by Our third party payment processor or Your financial institution and You may be charged a service fee for such conversion. Please also be aware that our third party payment processors or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Provider and We recommend that You contact Your financial institution directly for more information.
D. Prizes for Pay-to-Play Prize Gaming
The prize amount of each game in Pay-to-Play Prize Gaming is set at the initiation of each game, except in jackpot or progressive cash tournaments where the prize amount is determined by the number of players that enter the tournament. Jackpot or progressive cash tournaments have no limit to the number of players that can participate. An unlimited number of players can enter up until the specified entry deadline has been reached. The cash prize amount will increase as the number of players in the tournament increases.
Winnings will be deposited directly into Your Account. Any amounts that are mistakenly credited as winnings to Your Account remain Our property and will automatically be transferred from Your Account upon confirmation of the error. Any winnings mistakenly credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Provider in the amount of such wrongfully attributed winnings.
It is the policy of the Website, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 U.S. dollars on the Website in any given year. Depending on the jurisdiction in which You reside, the Website may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
E. Withdrawal Process
You may request a withdrawal of funds from Your available cash account balance in Your Account at any time. The minimum withdrawal is $5 U.S. dollars or Your entire balance (if less than $5 U.S. dollars). Each withdrawal of funds is subject to an administrative fee of $1 U.S. dollar. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal.
Any withdrawal of funds may only be paid into a an account that is registered in Your name. Processing of requested funds back to a credit card, debit card or PayPal account may take up to ten (10) business days; provided, however, the Website reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. If You do not receive Your withdrawal within ten (10) business days, please contact Customer Service by e-mail using the dedicated form here
Provider reserves the right to require You or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received; if Provider has not received verification within 10 days, the withdrawal request will be cancelled and the Account in question will be suspended.
If Your Account is closed by the Provider for a violation of the Terms and Conditions, Your deposits and winnings may be voided and not returned to You. In such an event, Provider uses these funds to defray the costs of administration and enforcement of the Terms and Conditions.
7. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chat rooms, bulletin boards, or other areas or offerings in which You or other parties create, post or store any content, messages, comments, materials or other items on the Website ("Interactive Areas"). You are solely responsible for Your use of the Website's Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials ("User Content") that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another's privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that You do not have the right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
User Content that falsifies or deletes another's attributions, legal notices or proprietary designations;
User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents Your affiliation with Provider, or any other person or entity;
Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
Private information of any other party, including, without limitation, phone numbers, postal addresses, e-mail addresses, social security information, credit and debit card information and other financial institution account information;
User Content "stalking" or otherwise harassing another user of the Website or an employee of Provider or any of its affiliates;
User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website's Users;
Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivative works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. However, You acknowledge that Provider does not actively monitor material that is uploaded by Our Users. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and Conditions for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider's company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
8. Online Conduct and Abuse
A. Online Conduct and Abuse
You agree to use the Website and the Service provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website; (ix) harassing other Users; (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account or the Website; (xii) misusing the Interactive Areas as detailed in Section 7; (xiii) using the Service for fraudulent transactions including, without limitation, in-game virtual transactions; (xiv) breaching any of these Terms and Conditions; or (xv) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
B. Reporting Abuse or Inappropriate Conduct
If You wish to report any abuses, inappropriate online conduct or a violation of Provider's Terms and Conditions, please forward all evidence of the same using our Support Center
. Please refer responsibly!
C. Penalties for Abuse, Inappropriate Online Conduct and Violating Provider's Terms and Conditions
Provider reserves the right to block, cancel or terminate Your Account without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in Section 8(A) above. Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate Your Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then games which have already begun will be aborted by Provider and the results will not be evaluated; You must then compensate Provider for any problems arising therefrom. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account in Provider's sole discretion, and may void Your deposits and winnings, if any. Provider reserves the right to lift any suspension against You at any time, at its sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
9. Termination of Accounts/Services
A. User's Right to Termination
You may terminate Your Account at any time by contacting Customer Service by e-mail using the dedicated form here
. The remaining funds, if applicable, in Your Account will be transferred to Your bank account or third party payment processor account within thirty (30) working days. Provider reserves the right to collect fees, surcharges or costs incurred before You cancel Your Account.
B. Provider's Right to Termination
Provider reserves the right to terminate Your Account, limit or prohibit Your participation in the Service for any reason, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in Section 8(A). If Your Account is closed by the Provider for a violation of the Terms and Conditions, Your deposits and winnings, if applicable, may be voided and not returned to You. In such an event, Provider uses these funds to defray the costs of administration and enforcement of the Terms and Conditions. Provider also reserves the right, in its sole discretion, to add, alter or terminate the Website, a Game or any other Service offered therein, at any time and without notice to You.
C. Inactive Accounts
If You do not use Your Account by logging on and playing in a game for a period of six (6) consecutive months or more, We reserve the right to charge a maintenance fee of $2.00 per month (the "Monthly Maintenance Fee
"). After six (6) or more months of inactivity, We will notify You by e-mail that if Your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from Your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from Your Account if there are no funds in Your Account. However, if Your Account has no funds and has been inactive for six (6) or more consecutive months We reserve the right to close Your Account. We will provide You with at least one month's notice by e-mail if We intend to close Your Account for this reason.
10. Intellectual Property Rights
A. Copyright Information and Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Service and the compilation of all content included on this Website are owned or licensed by Provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider's Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service Provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider's Designated Agent is:
PO BOX 789
Austin, Texas 78767-0789
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Provider and/or its affiliates own or in the process of registering trademarks for its many goods and services, including without limitation, the "PRIZE" mark, and the associated graphics, logos and service marks, and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
C. Personal & Non-Commercial Use Limitation
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. It can be easy to copy material that appears on websites, but this does not mean it is legal. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. You may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
E. Winners Lists and Rights of Publicity
You agree to the use by Provider, and it subsidiaries, affiliates and assigns, of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if You win a prize in a Contest.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED ON A WINNER'S LIST.
12. Applicable Law/Jurisdiction
13. Statute of Limitations
14. Limitations on Warranty and Liability
You expressly agree that use of the Website and any Service offered therein is at Your sole risk. Nether Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Us (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Website (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorized Provider spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized Our spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE AND OUR PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR OFFERINGS OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
B. Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, AS DEFINED HEREIN, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER'S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER'S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of the Website.
Without limiting the preceding, during any period of twelve months, Our aggregate liability under these Terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of (a) five dollars ($5), or (b) an amount equal to the sums You have paid into Your Account during the relevant period of twelve months, regardless of the cause or form of action.
15. Third Party Links
16. Third Party Payment Processors
17. Privacy and Data Collection
18. Maintenance and Reporting Problems
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the Services of the Website will not be available during maintenance periods. No games may occur during a maintenance period. Games that have begun prior to such maintenance periods will end and not be extended into the maintenance period.
All problems encountered during the use of the Website, including those with regard to Your Account, etc., can be reported to Provider when the problem is encountered by contacting Customer Service by e-mail using the dedicated form here.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or Identifiers. You agree to (a) immediately notify Provider of any unauthorized use of Your Identifiers or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section. Provider also reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms, the Service or any games offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, unfairly alter Your chance of winning a game, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all claims, losses, damages, liabilities, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in section 3(B); (c) Your connection to Provider's Website; (d) Your violation of these Terms; or (e) Your violation of any rights of a third party or service provider. Provider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Provider, and You agree to cooperate with Provider's defense of these claims. Provider will use reasonable efforts to notify You of any such action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of Your Account or of the Service.
We reserve the right to assign these Terms and to assign or subcontract any or all of Our rights and obligations under these Terms. You may not assign Your Account or these Terms without Our written consent.
The failure to require or enforce strict performance of You of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are also intended to be severable. In the event that any part of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.
24. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) this Website is provided by Prize, LLC, and that (b) the fees and charges for the Service vary depending on the features selected by the User. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to the Users of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, please contact Customer Service by e-mail using the dedicated form here. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
25. Changes to These Terms
Provider has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons, including, but not limited to, changes in market conditions affecting Provider's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Provider's system capabilities. In the event We do so, We will post the changes on this page and the date of the changes at the top of this page. You are responsible for regularly reviewing these Terms and Conditions. If We make what We consider to be material changes to these Terms, You will also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. Your continued use of the Website after a change or update has been made to the Terms will constitute Your acceptance of such change or update. If You do not agree to these Terms or any changes or updates, Your sole remedy is to cease using the Website. If you breach any of the Terms, Your authorization to use the Website automatically terminates.
26. Entire Agreement
THE SECTION TITLES IN THE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.