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General Terms and Conditions

GAMEDUELL TERMS AND CONDITIONS IN THE UNITED STATES OF AMERICA

 

GameDuell, INC ("GameDuell") welcomes You to its website ("Website"). The following Terms and Conditions shall govern the relationship between GameDuell, a subsidiary of GameDuell GmbH, and You (also referred to herein as "Member" or "Player"). These Terms and Conditions shall govern all information, documents, communications, files, text, graphics, software, and audio/visual files, including content sent and uploaded by other Members in compliance herein (collectively, the "Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms and Conditions, govern Your use of those areas and spell out what You can expect from us and what we expect from You.

 

The GameDuell Website is a skill-gaming platform that offers its Members the chance to win prizes and acts as a platform for communications in certain countries. Members are able to compete against other Members in duels and/or tournaments ("Duels") to win gaming money, physical goods or real money. Information pertaining to the games that are offered, the rules, and further information about game play can be found on the Website. According to the legal situation in the US, citizens of the following states are unfortunately not allowed to become a MoneyPlayer on the GameDuell Website:

 

Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee

Table of contents


General

1. Acceptance of Terms and Conditions

2. Eligibility

3. Registration

4. Local Laws, Service Not Available in Some States

5. Your Account

6. Duel Game Play

7. Termination

8. Intellectual Property Rights

9. Privacy and Protection of Personal Information

10. Maintenance and Reporting Problems

11. Disclaimer of Warranties and Limitation of Liability

12. Third Party Links

13. Online Conduct and Abuse

14. Circumvention

15. Security

16. Indemnification

17. Arbitration

18. Applicable Law/Jurisdiction

19. Waiver/Severability

20. Statue of Limitations

21. California Consumer Notice

22. Entire Agreement

 

Additional rules for Practice-Players

23. Gaming Money

24. Practice Player Account

25. Termination of Your Practice Player Account

26. Additional Information

 

Additional rules for Money-Players

27. Registration

28. Player Accounts

29. Entry Fees and Prizes

30. Deposits and Fees

General

1. Acceptance of Terms and Conditions

 

By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.

 

GameDuell reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor. In such an event, GameDuell will send You an e-mail containing the revised terms and conditions or a notification containing a link to where the revised terms and conditions can be viewed on the Website at least two (2) weeks before they go into effect. GameDuell may also send notice of the revisions to You using the GameDuell messaging service. If You do not expressly object to the validity of the new terms and conditions via e-mail within this two (2) week period, then the newly revised Terms and Conditions will be considered agreed upon. If You reject the newly revised Terms and Conditions, then GameDuell may terminate this license agreement as provided herein.

2. Eligibility

 

To be eligible to register and create an authorized My GameDuell account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. By using this Website and 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. GameDuell reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of GameDuell and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of GameDuell are NOT eligible to use or create an Account on the Website for personal gain. They may, however, participate in games for testing purposes, but without the intent to achieve any personal gain or profit for GameDuell.

3. Registration

 

You must create an Account in order to become a Member and play games on this Website. GameDuell does not charge a registration fee for You to become a Member for most types of membership. Play on certain games or certain features offered may be dependent upon the existence of certain conditions such as the type of Account You have, Your age, proof of payment, number of completed games, or specific game rules. In general, GameDuell differentiates among the following types of Members: Practice Players, Fun Players, and Money Players. "Practice Players" play games by using gaming credits, whereas "Money Players" are able to participate in GameDuell games using real money in addition and are any Players who deposit, play with, or withdraw real money on the Website. "Fun Players" may have the opportunity to play games with using either gaming credits or real money. GameDuell reserves the right to reject or revoke Your membership at its discretion for any reason.

4. Local Laws, Service Not Available in Some States

 

You are subject to 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. The laws governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, GameDuell CANNOT offer fee-based Duels with prizes to residents of the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota and Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in any Duel 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. Additionally, all Your winnings, if any, may be voided at the sole discretion of GameDuell. You hereby agree that GameDuell cannot be held liable if laws applicable to You restrict or prohibit Your participation. GameDuell makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Duel offered on the Website nor shall any person affiliated, or claiming affiliation, with GameDuell have authority to make any such representations or warranties.

5. Your Account

 

A. Account Responsibility

 

When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service'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 sending an e-mail to terms@remove-this.gameduell.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or GameDuell has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GameDuell 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). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account, including charges incurred as a Practice Player, Fun Player or Money Player subject to the posted terms and conditions for such play.

 

B. Secrecy Obligation

 

To create an Account, You will need to select a unique username and password ("Identifiers"). Usernames may not be derived either from e-mail addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e."2345678") or letters (i.e.: "ABCDEFG"). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). GameDuell will not give Your password to any third party unless required to do so by law. GameDuell will never ask You for Your password via telephone or e-mail.

 

Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify GameDuell by sending an e-mail to terms@remove-this.gameduell.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of GameDuell. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified GameDuell as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; GameDuell will not issue any form of compensation.

 

C. No Transfer

 

Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. 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 participate in a game 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.

6. Duel Game Play

 

A. Odds of Winning Duels

 

The results of all Duels offered on the Website depend on the number of the players participating in such Duels and the skill of the players in such Duels; precise odds of winning are therefore unavailable.

 

B. Winners Lists

 

Lists of winners will be posted on the Website immediately following each Duel, except in the case of Duels with substantial (as determined by GameDuell in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse.

 

C. Determination of Winners

 

The results and winners of each Duel offered on the Website will be determined by GameDuell, and such determinations are final. By registering and/or participating in any Duel, You agree to be bound by these determinations.

 

D. Game Rules

 

Rules for specific Duels offered on the Website can be found by clicking "Game rules" on the following link: www.gameduell.com/rules.html

 

E. Prizes

 

GameDuell is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed Duels.

7. Termination

 

A. Your Right to Cancellation

 

You may cancel Your Account within two (2) weeks of Your initial registration by providing written notice to GameDuell, which address can be found at the end of the software license agreement or simply by clicking cancel account.

 

You may send Your notice to GameDuell, GameDuell INC, 207 Powell St., Ste. 200, San Francisco CA 94102, or via email to termination@remove-this.gameduell.com. Your cancellation notice does not need to contain any reason for the cancellation. However, Your notice shall be void if You participate in a Duel with a monetary entry fee on the Website any time during Your initial two (2) week time period.

 

B. Your Right to Termination

 

You may terminate Your Account at any time. To terminate Your Account, please send written notice to GameDuell INC, 207 Powell St., Ste. 200, San Francisco CA 94102, or via email to termination@remove-this.gameduell.com. The remaining funds in Your Account will be transferred to Your bank account within thirty (30) working days. If Your bank information is unknown, then the conditions under section 28(B) of these Terms and Conditions will apply. In accordance with section 28(B), withdrawals can only be executed when the sum equals $10 (USD) or more. If Your Account contains less than $10 (USD), Your funds will be forfeited to GameDuell upon termination without refund.

 

C. GameDuell's Right to Termination

 

GameDuell reserves the right to terminate Your Account, limit or prohibit your participation in any game or Duel for without any reason. Immediate termination will result for obvious reasons, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow GameDuell to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by GameDuell for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, GameDuell may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions.

8. Intellectual Property Rights

 

A. Copyright Information and Personal & Non-Commercial Use Limitation

 

All Service and the compilation of all content included on this Website are owned or licensed by GameDuell and/or its affiliates and protected by United States and international copyright laws (© 2003-2008 GameDuell. All Rights Reserved). GameDuell does not claim ownership of copyrights owned by third parties.

 

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. 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 GameDuell. Users may not provide copyrighted or other proprietary information to GameDuell without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

 

B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

 

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 GameDuell'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 GameDuell 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.

 

GameDuell's Designated Agent is:

GameDuell

Attn: Gameduell Legal Department

Address:

copyright-infringement@remove-this.gameduell.com

Fax: International: +49 (30) 2887 68 299

Phone: +1 (415) 5131786

 

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.

 

C. Trademarks

 

GameDuell and/or its affiliates own the GAMEDUELL trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of GameDuell and/or its affiliates and may not be used without prior written consent of GameDuell. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

 

D. Posts/Comments

 

You hereby grant GameDuell and its affiliates the unlimited right to use all posts submitted on the GameDuell forum, or other information submitted to GameDuell using the provided mechanisms for such including, but not limited to, photographs, game comments, suggestions, etc. All posts, comments and contributions become the sole property of GameDuell. You are not entitled to compensation for such.

 

E. Rights of Publicity

 

As a Money Player, You agree to the use by GameDuell and its affiliates of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, 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 jackpot, prize of the month/year, special prize, or win more than $1,000 (USD) in a single month. In the event of live or webcam games or tournament events, then You also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication.

 

YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS' LIST.

9. Privacy and Protection of Personal Information

 

GameDuell respects the privacy of visitors to our Website. Please see GameDuell's Privacy Policy relating to the collection and use of Your personally identifiable information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which GameDuell collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of GameDuell's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to GameDuell via e-mail at terms@remove-this.gameduell.com.

10. Maintenance and Reporting Problems

 

GameDuell 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 features of the Website will not be available during maintenance periods. No game play 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 GameDuell's Services, including those with regard to games, Player Accounts, etc., must be reported to GameDuell when the problem is encountered at 207 Powell St., Ste. 200, San Francisco CA 94102, or via e-mail at terms@remove-this.gameduell.com. Please be advised that, due to the fact that GameDuell deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.

11. Disclaimer of Warranties and Limitation of Liability

 

You expressly agree that use of the Website and Service is at Your sole risk. Neither GameDuell nor any of its affiliates or their respective 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 GameDuell (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. GameDuell 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 the Website. Furthermore, GameDuell shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized GameDuell spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized GameDuell 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

 

THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY GAMEDUELL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMEDUELL AND THE 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.

 

GAMEDUELL AND THE 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 SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. 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 SERVICE. 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 SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

B. Limitation of Liability

 

GAMEDUELL 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 GAMEDUELL.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMEDUELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, 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 GAMEDUELL 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 GAMEDUELL RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT GAMEDUELL 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 GAMEDUELL'S GOODS OR SERVICES, FROM INABILITY TO USE GAMEDUELL'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GAMEDUELL'S 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 this Website.

12. Third Party Links

 

This Website contains links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of GameDuell, and the existence of a link on the Website does not imply any endorsement of the linked websites by GameDuell or any affiliation between GameDuell and the owners of the linked websites. GameDuell makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that GameDuell has no responsibility to You with respect to such material. GameDuell encourages You to examine the privacy policies and/or terms of use policies of any third party website.

13. Online Conduct and Abuse

 

A. Online Conduct and Abuse

 

You agree to use the Website and the Services 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, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the game controls described by GameDuell, or negatively influence another Player's game controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end; (xi) cooperating with other Members in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xiii) deliberately transferring money between Accounts (i.e. "money laundering"); (xiv) harassing other Members or Players; (xv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xvi) causing any breach of the security of Your Account or the Website; or (xvii) breaching any of these Terms and Conditions.

 

B. Rules for Communication and Anti-Spam Policy

 

It is possible for Members to contact each other on the Website for reasons such as challenging each other to Duels. In doing so, Members are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.

 

GameDuell opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by GameDuell against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of GameDuell. Additionally, any winnings, if any, may be voided at the sole discretion of GameDuell. GameDuell defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat, via the GameDuell internal communication systems or "instant messaging" system.

 

C. Reporting Abuse or Inappropriate Conduct

 

If you wish to report any abuses, inappropriate online conduct or a violation of GameDuell's Terms and Conditions, please forward all evidence of the same to service@remove-this.gameduell.com. Please refer responsibly!

 

D. Penalties for Abuse, Inappropriate Online Conduct and Violating GameDuell's Terms and Conditions

 

GameDuell reserves the right to block, cancel or terminate Member Accounts 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 sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, GameDuell may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then games or Duels which have already begun will be aborted by GameDuell and the results will not be evaluated; the Player in violation must then compensate GameDuell for any problems arising therefrom. GameDuell will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. GameDuell reserves the right to lift any suspension against You at any time, at its sole discretion. GameDuell reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.

 

Furthermore, if a Player's Account is blocked or terminated then that Player is obligated to pay a contract penalty to GameDuell. The contract penalty shall be the average turnover profit that the Player generated per month for the last three months before the contract penalty. If the relationship has existed for less than three months, then the average will be taken from the full duration of contract. GameDuell reserves the right to withhold funds from the abusive Player's Account in compensation for damages to GameDuell or third-parties, as well as to pay for this contract penalty.

14. Circumvention

 

You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, 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 GameDuell determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and GameDuell reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.

15. Security

 

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 Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify GameDuell of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. GameDuell cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.

 

GameDuell 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.

16. Indemnification

 

You agree to defend, indemnify and hold harmless GameDuell and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, 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 GameDuell that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any GameDuell site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service GameDuell.

17. Arbitration

 

Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in San Francisco, California except that, to the extent You have in any manner violated or threatened to violate GameDuell intellectual property rights, GameDuell may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. You and GameDuell agree that any Dispute between You and GameDuell shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under California law, and conducted under its rules, except as otherwise provided below. You and GameDuell will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and GameDuell. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy, shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from GameDuell; or iii) any other dispute arising out of or relating to the relationship between You and GameDuell. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.

18. Applicable Law/Jurisdiction

 

By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of California will govern these disclaimers, Terms and Conditions, Privacy Policy, or Software Terms, without giving effect to any principles of conflicts of laws. GameDuell reserves the right to make changes to its Website and these disclaimers, Terms and Conditions, Privacy Policy, and Software Terms at any time. You hereby irrevocably and unconditionally consents to jurisdiction in the State of California.

19. Waiver/Severability

 

The failure of GameDuell to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of GameDuell's right to assert or rely upon any such provision or right in that or any other instance.

 

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.

20. Statue of Limitations

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

21. California Consumer Notice

 

As required by California Code Section 1789.3, this notice is to advise You that (a) this Website is a service provided by GameDuell INC, 207 Powell St., Ste. 200, San Francisco CA 94102, telephone number (415) 5131786, and that (b) the fees and charges for the Service vary depending on the features selected by the Member. GameDuell 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 Members of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, contact GameDuell by telephone at (415) 5131786. 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.

22. Entire Agreement

 

These Terms and Conditions constitute the entire agreement between You and GameDuell with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by GameDuell.

Additional rules for Practice-Players

23. Gaming Money

 

Upon registration as a Practice Player, GameDuell will credit Your Account with gaming money. The amount of gaming money You will receive and the time frame within which You may use it to enter Duels will depend upon the method You use to register at GameDuell. Your gaming money will expire within six months after registration.

24. Practice Player Account

 

GameDuell maintains Your Account with gaming money, which is fictitious money, for Practice Players. Practice Players are not entitled to withdraw gaming money. Gaming money may only be used exclusively for entering Duels within the Practice Player area of GameDuell.

25. Termination of Your Practice Player Account

 

You will cease to be a Practice Player upon the occurrence of one of the following: (i) You register as a Money Player, (ii) You have used all of your gaming money, or (iii) when Your gaming money expires in accord with section 23.

26. Additional Information

 

Information about games, game rules, and further agreements for Practice Players can be found on the Website at Gameduell help-pages

Additional rules for Money-Players

27. Registration

 

A. Registration as a Money Player

 

In addition to creating a Money Player Account in the My GameDuell section of the Website, You must deposit at least $10 (USD) into Your Account before You begin to play.

 

B. Age Requirement/Verification

 

You must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia, to be permitted to participate in any games of skill on the Website in which you have the chance to win money. GameDuell reserves the right to verify Your age. Any failure to cooperate with GameDuell in this respect will result in the termination of Your Account.

28. Player Accounts

 

A. Money Player Accounts

 

GameDuell will maintain Your Account in GD currency. ("GD currency" is an artificial currency specifically created by GameDuell in which it claims all rights.) Your initial $10 U.S. Dollar deposit, and all subsequent deposits, will be exchanged into GD currency in accordance with the most up-to-date exchange rate and will be displayed as such on Your Account. GameDuell will manage Your prize money and losses in this non-interest bearing Account. Deposited funds, and their equivalents in the GD currency, can be used exclusively to play games at GameDuell, and to cover any GameDuell fees and commissions. Deposited funds can be withdrawn in accordance with sections 28(B) through 28(F).

 

B. Withdrawal of Funds

 

You may make up to two withdrawals per month from Your Account, as long as the amount to be withdrawn is at least $10 (USD). Your first withdrawal as a Money Player may not be made until six (6) weeks after you become a Money Player. Any requested withdrawal will be sent to You via Paypal to the e-mail account You enter when requesting your withdrawal, which may take up to six (6) weeks after the request. The exchange rate on the day of withdrawal may differ from the day of payment. You agree to the then valid exchange rate, which will be shown on the payout form and you agree to pay any fees incurred with the transfer. Once the transfer is complete, the debt shall be deemed satisfied and GameDuell will have no further obligation. Bonuses (such as first-deposit bonuses), payments deposited exclusively for use as entry fees, and other specialty payment methods (such as "Paypal") that GameDuell provides cannot be withdrawn by You. In cases such as these, You will be notified that the corresponding funds cannot be withdrawn and can only be used to pay entry fees.

 

C. Accumulated Winnings

 

If the total amount of winnings accumulated on Your Account exceeds the sum of $1000 (USD), then GameDuell will immediately pay out the funds that are over this limit via Paypal to the e-mail account You entered when requesting your withdrawal. These funds shall be transferred in full satisfaction of this debt and GameDuell will have no other obligation. GameDuell reserves the right to raise or lower this limit at any time and without giving a reason. This withdrawal will be carried out in accordance with the conditions listed in sections 28(B) and 29(D).

 

D. Proof of Identity

 

GameDuell shall not be obligated to verify the identity of the person requesting the withdrawal. In the event GameDuell seeks verification for security reasons, GameDuell is authorized to withhold funds until proof of identity can be confirmed. In cases such as these, the requesting party shall be obligated to send a copy his or her personal ID or passport, along with a written request to withdraw the funds, including the bank information identified on the Account.

 

If you open an Account and/or participate in any Duel 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 be subject to having your Account suspended or terminated. Additionally, all winnings, if any, may be voided at the sole discretion of GameDuell.

 

E. Deletion of Money Player Accounts

 

Your Account will be deleted at GameDuell's sole discretion and without any notification if it has been two (2) years since Your last login or if Your Account is terminated pursuant to sections 13, 14 and 28(D). GameDuell's obligations to You cease upon deletion of Your Account. You may claim any remaining money from Your Account in accordance with section 28(F). In the event Your Account is deleted due to a reason other than that which is identified herein, GameDuell reserves the right to withhold funds to compensate GameDuell and/or third-parties for damages.

 

F. Claiming Funds on Deleted Accounts/Limitation of Claim

 

GameDuell will deposit funds from all deleted Accounts into a collective non-interest bearing account where they will remain for a period of three (3) years, beginning at the end of the calendar year in which Your Account is deleted. You may claim and withdraw funds previously in Your Account prior to deletion by submitting a written request to GameDuell that identifies Your Paypal e-mail address. The funds on Your Account, if any, will then be transferred to the Paypal account that you registered at GameDuell. After three (3) years, You will no longer be entitled to withdraw the funds. GameDuell regularly contributes funds from its collective non-interest bearing account to charities when those funds are not withdrawn within three years or surrendered for other reasons provided herein.

29. Entry Fees and Prizes

 

A. Entry Fees

 

Upon participation in a particular Duel, You simultaneously and irrevocably authorize GameDuell to deduct the fixed entry fee declared upon creation of the particular Duel, as well as any additional fees incurred that are described in section 30(D), (collectively "Duel entry fee" or "entry fee") from Your Account. If sufficient funds are not available, then You may not take part in the Duel. Furthermore, You also authorize GameDuell to deduct a commission for any Duel in accordance with section 30(D), as well as pay out winnings to the winning Player. All entry fees are GameDuell currency which can be changed to real money. However, no entry fee is incurred for training duels in the Website's Money Player section. Entry fees vary and are displayed before participation in a Duel. GameDuell reserves the right to limit entry fees, including processing fees per Duel and/or per day, either on an individual basis or for all involved in the Duel.

 

B. Prize Money

 

The potential prize money is displayed at the beginning of each Duel, except in Duels with high, progressive winnings (such as jackpot duels) where the sum of the potential prize money is dependant upon the number of participants and the frequency of their participation.

 

C. Aborted Games

 

If You or another Player aborts a game, either purposefully or due to technical problems that cannot be attributed to GameDuell, then the score of the game will be ZERO.

 

D. Withdrawing Prize Money

 

GameDuell reserves the right to withhold prize money amounting to more than $600 (USD) until it can be personally handed to the winner at GameDuell's business office or some other place designated by GameDuell. This restriction also includes money won through any special event. In such cases, GameDuell reserves the right to withholdthe money and distribute it to the winner after the winner has submitted to a live test conducted by GameDuell at GameDuell's expense. In the event the winner fails to appear for the live test, GameDuell reserves the right to place the unclaimed winnings into its collective non-interest bearing account, set forth in Paragraph 28(F), and distribute the same to charities.

 

E. Taxes

 

In compliance with United States Internal Revenue Service regulations, GameDuell will send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Website in any given year. 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.

30. Deposits and Fees

 

A. Deposits via Bank Transfer

 

You can deposit money into Your Account using a domestic bank transfer by transferring the money into the bank account. Please be aware that You may only participate in Duels after GameDuell has received Your funds. If You choose to fund Your Account using this option, You will also be required to submit a collateral security deposit along with the funds You deposit, which GameDuell may use for commission, reimbursement of expenses, and/or compensation for damages.

 

B. Deposits via other Methods of Payment

 

GameDuell may, but is not obligated to, accept payments via credit card, debit card, and/or other forms of payment. In the event You set up Your Account with a debit card, You authorize GameDuell to deduct the specified funds from the bank account linked to the debit card. In the event You set up Your Account using a credit card, You agree that GameDuell is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with the Website. GameDuell may accept other forms of payment at its sole discretion, which terms shall be agreed upon between You and GameDuell. Any attempt to defraud GameDuell through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor legitimate charges or requests for payment will result in immediate termination of Your Account, forfeiture of any prizes to which You are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution by GameDuell.

 

C. Status of Payment

 

Funds, entry fees, and processing fees are non-refundable once they have been credited to GameDuell's bank account and deducted from the Your Account. GameDuell, at its own discretion, may allow Players to participate in Duels before payment is received.

 

D. Additional Charges for Monetary Transactions

 

You authorize GameDuell to deduct from Your Account any additional charges for a monetary transaction, including, but not limited to, a denied payment (such as denied transfer, denied credit card payment) or increased bank processing fees. You agree to assume all costs that may be attributed You when funds credited to Your Account (such as cancellation of a direct debit, insufficient funds, of incorrectly submitted account information) are reversed. GameDuell will charge You a fee of $17 (USD) for each denied payment, as well as $5 (USD) for each reminder for payment GameDuell is required to send to You. In the event You fail to make payment, GameDuell will submit Your debt to a collection agency in order to collect any outstanding payments. GameDuell reserves the right to charge You for any costs associated with a third party acting on GameDuell's behalf to collect payment from You (such as collection agency and attorneys' fees).

 

E. GameDuell Transaction and Inactivity Fees

 

GameDuell receives an administrative fee for the creation of games, as well as for maintaining Your Account. Once You select the type of Duel in which You want to participate, the possible prize money displayed and the entry fee reflect the net winnings available to You after deduction of GameDuell's administrative fees. If You play less than thirty (30) money Duels within six (6) months, GameDuell may repeatedly deduct a one-time inactivity fee of $8.50 (USD) from Your Account for managing it. GameDuell receives a general processing fee of $2.00 (USD) for each withdrawal You make from Your Account, in addition to any additional bank processing fees related to transferring funds. GameDuell receives a general processing fee of $4.25 (USD) for terminating a Player's Account.

 

F. Offsetting Costs with Player Account Funds

 

The funds on Your Account are directly used to offset costs or profits caused by Your winnings, entry fees and processing fees. If these costs result in Your Account being insufficiently funded for any reason whatsoever, then You are obligated to immediately settle payment and deposit up to $15 (USD) on Your Account.

 

The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.

 

Date Last Modified: May 27, 2008.