TERMS OF USE
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THIS IS AN AGREEMENT BETWEEN YOU AND PQGAMES.NET
This agreement (the "Agreement" and the "Terms") is a contract between You ("User," Users," "You" and "Your") and PQGAMES.NET ("PQGAMES", the "Company", "Us", "We" and "Our) and governs Your use of the PQGAMES.NET website located at http://www.PQGAMES.NET, its content, the software and the associated materials made available through this website (collectively, the "Site").
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AGREEMENT
Your establishment of a Skill Challenge Account under Section 7, including any User name or other information ("Your Skill Challenge Account" or "Your Account"); any subsequent log-in to Your Skill Challenge Account ("Log-in"); or any access, entry or participation in any skill challenge, contest, tournament, promotion, event or the like (collectively, "Skill Challenge" or "Skill Challenges") facilitated by or associated with the Site in any way signifies Your constructive and actual notice and knowledge of and Your agreement to be bound by the most current version of the Terms as posted on the Site. If you do not wish to be bound by this Agreement, do not establish a Skill Challenge Account, and do not use the Site or Services or participate in any Skill Challenges. If you have already established a Skill Challenge Account and you do not wish to continue to be bound by this Agreement, you should terminate Your Skill Challenge Account in accordance with Section 18 of this Agreement.
From time to time, PQGAMES.NET may define and post on the Site additional PQGAMES.NET Skill Challenge specific terms, codes of conduct or guidelines that govern such specified Skill Challenge. In the event of a discrepancy between these Terms and any other writing posted on the Site by PQGAMES.NET, including the Skill Challenge Rules located at http://www.PQGAMES.NET/docs/rules and the Privacy Policy located at http://www.PQGAMES.NET/docs/privacy, these Terms shall control. In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party Terms and Conditions, for example, terms and conditions that may govern Your use of any third-party equipment, games or content. It is solely Your responsibility to ensure that Your use of any and all third-party equipment, games or content is in compliance with any and all third-party requirements.
You understand and accept that PQGAMES.NET is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with all laws that govern you, civil and criminal.
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LEGAL COMPLIANCE
You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which You reside and from which You access the Site, Log-In to the Site or participate in any Skill Challenge. You agree to only participate in the Skill Challenges only after You have determined in good-faith that You are in compliance with state, local and other governing laws and regulations.
Participation within the United States of America (U.S.)
Participation in fee-based tournaments for prizes is prohibited in the following U.S. states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.Participation outside the U.S.
Participation in fee-based tournaments for prizes may be prohibited in Your jurisdiction and it is Your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Skill Challenge or contests arranged and established through the Site or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Skill Challenge facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.
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SITE SERVICES (the "Service" or "Services")
PQGAMES.NET offers the Site as a common portal for Users to arrange, record and track Skill Challenges, as defined below, and related information, including but not limited to, Skill Challenge Entrants, fees, pre-designated prizes and Skill Challenge results.
PQGAMES.NET does not provide the Site or Services for Skill Challenges based on sporting or gambling events, including any games of chance. Instead, PQGAMES.NET provides a forum for You to arrange, conduct and track head-to-head tournaments against other Users solely in connection with games of skill.
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Posted Skill Challenges
"Posted Skill Challenges" are facilitated through and posted on the PQGAMES.NET website by either PQGAMES.NET or any User who creates and maintains a Skill Challenge Account under Section 7. Posted Skill challenges provide a forum for Users to participate in a Skill Challenge for a pre-designated "Prize" with other Users by paying a "Skill Challenge Entry Fee" and a "PQGAMES.NET Service Fee" (or collectively, "Skill Challenge Tournament Fee") to PQGAMES.NET.
The Prize will be the sum of all Skill Challenge Entry Fees paid under this Section and Section 4.A., by each "Skill Challenge Entrant."'
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"PQGAMES.NET Posted Skill Challenges" are Posted Skill Challenges posted on the PQGAMES.NET website by PQGAMES.NET.
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"User Posted Skill Challenges" are Posted Skill Challenges posted on the PQGAMES.NET website by any User who creates and maintains a Skill Challenge Account under Section 7. Any User who creates and maintains a Skill Challenge Account under Section 7 may invite another User or Users to participate in a Skill Challenge for a pre-designated Prize by paying a Skill Challenge Entry Fee and a PQGAMES.NET Service Fee (or collectively, Skill Challenge Tournament Fee) to PQGAMES.NET. Prior to posting any such invitation to a Skill Challenge for a Prize, You must have sufficient funds in Your Skill Challenge Account to cover the Skill Challenge Tournament Fee. Without exception, creating a User Posted Skill Challenge shall automatically enter the User who created that Posted Skill Challenge into that Posted Skill Challenge.
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Accepting A Posted Skill Challenge ("Accepted Skill Challenge")
Any User who creates and maintains a Skill Challenge Account under Section 7 may enter a Posted Skill Challenge by paying the Skill Challenge Tournament Fee to PQGAMES.NET. Prior to entering the foregoing Skill Challenge, You must have sufficient funds in Your Skill Challenge Account to cover the Skill Challenge Tournament Fee. Upon entry of a Posted Skill Challenge, PQGAMES.NET will immediately withdraw the Skill Challenge Tournament Fee from Your Skill Challenge Account.
The first User to enter a PQGAMES.NET Posted Skill Challenge, or the User who creates a User Posted Skill Challenge, will define a "Skill Challenge Timeframe," which shall define when a Posted Skill Challenge shall be completed by the Skill Challenge Entrants.
When only one User has entered a Posted Skill Challenge the Skill Challenge can be cancelled at any time and, notwithstanding any provision herein to the contrary, the Skill Challenge Tournament Fee will be credited to the Account from which it was originally drawn.
Once two or more Users enter a Posted Skill Challenge, the Skill Challenge immediately converts to an "Accepted Skill Challenge," and PQGAMES.NET will immediately withdraw the Skill Challenge Tournament Fee from all Accounts of all Skill Challenge Entrants. The Prize will be the sum of all Skill Challenge Entry Fees paid under Sections 4.A. and 4.B., by each "Skill Challenge Entrant." Once a Posted Skill Challenge becomes an Accepted Skill Challenge, the PQGAMES.NET Service Fee will not be refunded at any time or for any reason to any Skill Challenge Entrants; however, upon mutual agreement indicated by all Skill Challenge Entrants to cancel the Accepted Skill Challenge pursuant to section 4.H., all Skill Challenge Entry Fees collected for the Canceled Accepted Skill Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn.
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Rules Governing Each Accepted Skill Challenge
All Skill Challenges are governed by the "Skill Challenge Rules" provided at http://www.PQGAMES.NET/docs/rules. It is Your responsibility to ensure that for every Skill Challenge You participate in, You understand and will abide by the Skill Challenge Rules at all times, and that you review the Skill Challenge Rules from time to time for updates. Your failure to follow the most current Skill Challenge Rules will result in an immediate and automatic forfeiture of any Posted or Accepted Skill Challenge. Further, if PQGAMES.NET learns of any User's failure to follow the Skill Challenge Rules, PQGAMES.NET reserves the right to terminate that User's Skill Challenge Account pursuant to Section 18 of this Agreement.
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Play Of The Accepted Skill Challenge
An Accepted Skill Challenge shall be completed by the Skill Challenge Entrants in accordance with the Skill Challenge Rules at a mutually agreed upon time within the Skill Challenge Timeframe.
Failure to meet this timeframe will automatically result in a cancellation of the Accepted Skill Challenge, as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the Canceled Accepted Skill Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No PQGAMES.NET Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
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skill challenge results ("Skill Challenge Results")
All Skill Challenge Results must be determined in strict accordance with the Skill Challenge Rules.
All Skill Challenge Results must be reported within two (2) hours following the expiration of the Skill Challenge Timeframe. Failure to meet this timeframe will automatically result in a cancellation of the Accepted Skill Challenge, as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the Canceled Accepted Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. PQGAMES.NET Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
Subject to this Agreement, if each Skill Challenge Entrant reports the same Skill Challenge Result, the result will be considered a "Verified Result" and the winner a "Verified Winner." If there is a discrepancy or conflict between any reports of the Skill Challenge Results, the Skill Challenge Results are otherwise contested, or if no Skill Challenge Entrants or only one Skill Challenge Entrant reports a result, the result will be considered a "Disputed Result." PQGAMES.NET will attempt to convert each Disputed Result to a Verified Result using the Disputed Result Guidelines provided in Section 4.F. Disputed Results will be tracked, monitored and publicly displayed as provided in Section 4.G.
All Skill Challenge Results may be audited or verified by PQGAMES.NET, which may occur within PQGAMES.NET´s sole discretion for any reason whatsoever.
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Disputed Results
A Disputed Result occurs when no Skill Challenge Entrants or only one Skill Challenge Entrant reports a result; or when there is a discrepancy or conflict between reports of any Skill Challenge Results from any of the Skill Challenge Entrants in the same Skill Challenge.
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No User Reports a Result
Upon the conclusion of two (2) hours following the expiration of the Skill Challenge Timeframe, if no Skill Challenge Entrants have reported Skill Challenge Results, no Verified Winner will be determined, the Accepted Skill Challenge will be cancelled automatically as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the Canceled Accepted Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No PQGAMES.NET Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
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One User Reports a Result
Upon the conclusion of two (2) hours following the expiration of the Skill Challenge Timeframe, if only one Skill Challenge Entrant has reported the Skill Challenge Result, the Verified Winner will be determined in accordance with the single report and the Prize will be awarded accordingly.
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Users Report Conflicting Results
If there is a discrepancy between any of the Skill Challenge Results reported between two or more Skill Challenge Entrants, PQGAMES.NET will use commercially reasonable efforts to determine the Verified Winner and award the Prize accordingly. PQGAMES.NET uses a proprietary process to determine the Verified Winner and Our judgment as to the Verified Winner will be considered the final judgment, therefore, PQGAMES.NET shall not be required to disclose how the Verified Winner is determined. PQGAMES.NET reserves the right to suspend, terminate or otherwise cancel the Skill Challenge Account of the Skill Challenge Entrant who submitted a report contrary to the Verified Winner as determined by PQGAMES.NET Your only recourse is to terminate Your Skill Challenge Account and cease using the Services. Any time conflicting results are reported under this Section, PQGAMES.NET, in its sole discretion, may attribute such conflicting results to Your Skill Challenge Account and publicly display the same in Your Skill Challenge History and Your Skill Challenge Account pursuant to Section 4.G.
In certain instances, PQGAMES.NET may not be able to determine a Verified Winner, at which time the Accepted Skill Challenge will automatically be deemed a Canceled Accepted Skill Challenge, as provided in Section 4.H. of this Agreement, and all Skill Challenge Entry Fees collected for the canceled Accepted Skill Challenge will be credited to the Skill Challenge Accounts from which they were originally drawn. No PQGAMES.NET Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
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Tracking And Public Display Of Disputed Results
PQGAMES.NET will record and publicly display all disputed results incurred by You and associated with Your Skill Challenge Account. By displaying such Disputed Results, other Users can determine Your Skill Challenge worthiness and credibility. If You accumulate over three (3) Disputed Results in any thirty (30) day period, PQGAMES.NET may suspend or terminate Your Skill Challenge Account at its sole discretion. Upon incurring any Disputed Result, You will have twenty-four (24) hours to comment or otherwise offer reasons for accumulating a Disputed Result which will be publicly provided to all Users of PQGAMES.NET In this regard, it is Your responsibility to leave prompt feedback pursuant to Sections 10 and 11 hereunder for any perceived foul play by any Challenge Entrants You have previously Challenged.
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Cancellation Of Accepted Skill Challenges ("Canceled Accepted Skill Challenge")
An Accepted Skill Challenge shall be deemed a Canceled Accepted Skill Challenge in the following Situations:
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Accepted Skill Challenges may be canceled upon the mutual request and agreement of ALL Skill Challenge Entrants;
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When no Skill Challenge Results are reported to PQGAMES.NET within two (2) hours following the expiration of the Skill Challenge Timeframe; and/or
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When multiple Skill Challenge Entrants Report conflicting results and GamerSaloon.com can not determine a Verified Winner, pursuant to Section 4.F of this Agreement.
All Skill Challenge Entry Fees collected for any Canceled Accepted Skill Challenge shall be credited to the Skill Challenge Accounts from which they were originally drawn. No GamerSaloon.com Service Fees are refunded at any time or for any reason after an Accepted Skill Challenge is established.
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Deposit Of Prize Into Skill Challenge Account Of The Verified Winner.
Subject to Section 7, Section 8, Section 9 and Section 21, the Prize will be credited by the Company to the Account of the Verified Winner within a commercially reasonable time.
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ELIGIBILITY FOR SERVICES AND YOUR RESPONSIBILITIES
To create a Skill Challenge Account, Log-In and/or to participate in any Skill Challenge or related Site Services, You must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, You agree that:
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You are a natural person, at least 18 years old, or the age of legal consent for engaging in Skill Challenges under the laws of any jurisdiction that applies to You, whichever is greater. We expressly reserve the right to request proof of age, at any time;
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All information that You provide in Your registration form for the purposes of establishing Your Skill Challenge Account is true and correct and You will promptly notify us of any changes to such information;
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You acknowledge that in establishing Your Skill Challenge Account You have provided us with certain personal information about You (including details regarding Your method of payment). While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information.
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Your Skill Challenge Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Skill Challenge Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in Skill Challenges, or for any other purposes. Nor shall You reveal to any person Your means of payment to access or use the Site, to arrange, enter, and/or participate in Skill Challenges. We take no responsibility for any third party access to Your Skill Challenge Account;
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You have verified and determined that Your use of the Site Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;
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You fully understand the methods, rules and procedures of the Site Services, and Your use of the Site and Services will always comply fully with this Agreement, the Privacy Policy and the Skill Challenge Rules;
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You will not engage in any conduct that injures or may injure the business, reputation or goodwill of the Company;
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You are fully aware that there is a risk of losing money by using the Site to arrange, enter, and/or participate in Skill Challenges and that You are solely responsible for any such loss;
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Your Skill Challenge Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of any trade or business;
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You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
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You shall not infringe or encroach upon PQGAMES.NET or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
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You are physically located in a U.S. state or a jurisdiction located outside the U.S. in which participation in the Skill Challenges is not prohibited by the law of that State or jurisdiction. Participation in fee-based tournaments for prizes is prohibited in the following states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges from an unlisted state or jurisdiction is legal under any applicable laws or regulations.
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You will not use the Site or Services for gambling, or to otherwise participate in games of chance; should you learn that any User is soliciting participation in gambling, you will immediately notify PQGAMES.NET in writing;
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You understand that PQGAMES.NET may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site Services and/or Skills Challenges are illegal or restricted;
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You will not mask your identify in any way, including without limitation, IP masking by accessing the Site Services over any type of Proxy Server, through IP masking software or the like; and
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You understand that We have no ability to control the outcomes of your Skill Challenges, and We only provide the Site as a facility to match Challenge Entrants and award the Prize.
The laws and regulations governing Tournaments with entry fees and/or prizes (cash or otherwise) are determined by individual states and/or local jurisdictions. We DO NOT warrant that our Site and/or Services are in compliance with all the laws and regulations in any localities, including Your locality. It is Your responsibility to ensure compliance with the laws and regulations of Your locale. Please be certain to use the Services and participate in the Skill Challenges only after You have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
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PERSONS NOT ELIGIBLE
Notwithstanding Section 5, the following persons are ineligible to arrange, enter, establish, and/or participate in any Skill Challenge through use of the Site, or to receive any Skill Challenge Prize arranged or established through use of the Site or by PQGAMES.NET:
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Except with respect to arranging, entering, establishing and/or participating in any Skill Challenge for demonstration purposes, employees, immediate family of employees, agents, and contractors of PQGAMES.NET (including its parent companies, subsidiaries and affiliates), and those of any other manufacturer or developer of the games or equipment used for the Skill Challenges arranged or established through use of the Site (i.e., any person with access to non-public information regarding the operation of any Skill Challenge arranged or established through use of the Site).
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Participation in fee-based tournaments for prizes is prohibited in the following U.S. states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges from an unlisted state is legal under any applicable laws or regulations.
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YOUR SKILL CHALLENGE ACCOUNT
You may only have one (1) Skill Challenge Account. You are prohibited from holding more than one Account. Your single Skill Challenge Account must be registered under Your current full legal name, Your email address and your current permanent residential address. Should You attempt to create more than one (1) Skill Challenge Account under Your current legal name or any other name, to use the Services under any other User's Skill Challenge Account, or to create an Account using a name other than Your current legal name, we will be entitled to immediately terminate all of such Skill Challenge Accounts under Section 21 of this Agreement.
You must choose a Log-In and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.
To access the Services outlined under Section 4 of these Terms, You must have previously established a valid User Account as provided herein. Further, You must meet all the conditions described throughout these Terms and You must have money available in Your Skill Challenge Account sufficient to accept or propose a Skill Challenge or otherwise post a Skill Challenge Tournament Fee.
You agree and understand that We collect data relating to Your Log-In, Your Skill Challenges, and Your other Account activity, including without limitation, Your Skill Challenge Results (e.g., Your win/loss record), the Challenge Entrants You have previously participated in a Skill Challenge with, Your Disputed Results and the Prizes awarded to You. We make this information public so that other Users may attempt to assess Your skill level and history using the Site to arrange, enter, establish, and participate in Skill Challenges against You and/or other Users
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VERIFICATION OF YOUR ACCOUNT INFORMATION
PQGAMES.NET reserves the right to conduct a review, at any time, to validate Your Skill Challenge Account information, collected under Section 7 and Section 8, to ensure that Your participation in the PQGAMES.NET Skill Challenges and Your financial transactions do not breach this Agreement and/or any applicable law. You authorize us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information, including but not limited to, credit reports and information in third-party databases. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as GamerSaloon.com, in its discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or GamerSaloon.com cannot verify the information applicable to Your Skill Challenge Account submitted pursuant to Section 7 or Section 8, Your Skill Challenge Account will be terminated pursuant to Section 21, and all funds remaining in Your Skill Challenge Account will become forfeited.
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ACCOUNT DEPOSITS
You may deposit funds in Your Skill Challenge Account using Pay-Pal or other means of payment that We may approve from time to time, as defined in Section 12. All payments into Your Skill Challenge Account must be made from a payment source on which You are the named Account holder.
You agree that the Site is not liable for any loss caused by any unauthorized use of Your Pay-Pal Account, Your credit card or any other method of payment by a third party in connection with the Site. You waive Your right to dispute any payment made into Your Account and You will personally bear all costs.
Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor charges or requests for payment will result in immediate termination of Your Skill Challenge Account, forfeiture of any Prizes to which You are otherwise entitled, and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials, by anyone, or any other fraudulent activity, We reserve the right to block a User's Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any User on the basis of the information provided to us on registration.
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ACCOUNT WITHDRAWALS
Subject to express provisions to the contrary as set forth herein, at any time, You may submit a "Withdrawal Request" for a distribution of some or all of the balance ("Distribution Amount") of your Skill Challenge Account. Your Withdrawal Request will be processed within a commercially reasonable time.
For each Withdrawal Request submitted by You, a transactional Withdrawal Fee will be debited to Your requested Distribution Amount and, within a reasonable time, You will receive a "Distribution Payout" equal to the Distribution Amount less the Withdrawal Fee. There is a there is a $3.00 (EU €2.77) Transaction Processing Fee on all Paypal withdrawals and a $5.00 (EU €4.62) Transaction Processing Fee on all Check withdrawals. In certain circumstances we reserve the right to and may refund the Distribution Amount to the credit card used to make deposits instead of issuing the Distribution Amount through Paypal or Check.
Should You elect to request any distribution of the balance of Your Skill Challenge Account, PQGAMES.NET, at its sole discretion, may require additional personal or other information such as Your full legal name, current permanent residential address, phone number, email address, alias, Username, password, and social security number sufficient to a) generate payment, b) give You access to web-based information, and c) ensure compliance with legal reporting requirements.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials, by anyone, or any other fraudulent activity, We reserve the right to block a User's Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any User on the basis of the information provided to us on registration.
Any Bonus Cash credits to your Skill Challenge Account are not eligible for withdrawal.
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PROCESSING OF ACCOUNT DEPOSITS AND WITHDRAWALS
PQGAMES.NETuse third-party electronic payment processors and/or financial institutions ('ESPs') to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle deposits (as defined under Section 10) and withdrawals (as defined under Section 11) from Your Skill Challenge Account and you irrevocably agree that GamerSaloon.com may give such instructions on your behalf in accordance with your requests as submitted on the GamerSaloon.com website. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between this Agreement and the ESP's terms and conditions then this Agreement shall prevail.
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PROHIBITED USES OF THE SITE AND SERVICES
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Illegal Funds
By entering into this Agreement and using the Site Services, You declare that the source of funds used by You on the Site is not illegal and that You will not use the Site or Services in any way as a money transfer system. You will not use the Service for any unlawful activity or prohibited transaction under the laws of any jurisdiction that applies to You. If the Company suspects that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including without limitation, money laundering activities, Your access to the Service may be suspended or terminated immediately and/or Your Account blocked, and the Company shall be entitled to inform relevant authorities. You will cooperate fully with the Company to investigate any suspected unlawful, fraudulent or improper activity.
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Collusion
Collusion occurs when two or more Users attempt to gain an unfair advantage by sharing knowledge of the Skill Challenges or other information to other Users' disadvantage. Any User who attempts to collude or colludes with any other User while using the Service may be permanently banned from using the Service and their Account may be terminated immediately. The Company will use commercially reasonable efforts to investigate complaints registered against Users suspected of collusion. If the Company is informed during play about suspected collusive behavior, it may, in its sole discretion, terminate suspected Users' access to the Service and/or block their Accounts. However, under no circumstances shall the Company be liable for any loss, whatsoever, sustained by You as a result of the collusive, or otherwise unlawful activity of any person using the Service and no User shall have the right to require the Company to take any other steps against Users suspected of collusion, cheating or any other form of fraud.
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Abuse
By entering into this Agreement, You agree that You will not use any technique other than pure skill during a Skill Challenge. Such techniques may include, but are not limited to, establishing multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another User or Account, or deliberately losing games for the purpose of getting a competitive advantage. For a more exhaustive discussion of prohibited techniques, refer to the Skill Challenge Rules located at http://www.PQGAMES.NET/docs/rules.
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DISCLOSURES
Odds of Winning
You recognize and understand that the outcomes of Skill Challenges are directly related to the skill level of the Skill Challenge Entrants, and are fully outside of control of PQGAMES.NET It is impossible for PQGAMES.NET to assess Your odds of winning. Skill Challenge Entrants are solely responsible for determining the Skill Challenges in which they enter and participate through use of the Site.
Verified Winner Determination
Skill Challenge Entrants are responsible for managing and reporting the Skill Challenge Results to determine the Verified Winner. As outlined in Section 4, PQGAMES.NET may act as a third-party arbiter for Disputed Results to determine a Verified Winner and award a Prize, or if not, convert the Accepted Skill Challenge to a Canceled Accepted Skill Challenge.
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WE DISCLAIM ALL OBLIGATIONS TO YOU
PQGAMES.NET has no obligation to check whether Users are using the Site Services in accordance with this Agreement or any other agreement.
Under no circumstances shall PQGAMES.NET be obligated to investigate or pursue any complaints made by a User against any other User using the Site or Services or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement. GamerSaloon.com may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so.
You will not be entitled to a refund from the Company for any sums You believe to be owed to You as a result of any other User's misconduct, unlawful behavior or otherwise, whether or not the Company pursues any action against such User. It is Your sole responsibility to resolve such issues without involving GamerSaloon.com.
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WE MAKE NO WARRANTY
OUR SITE SERVICES ARE PROVIDED "AS-IS," "WITH ALL FAULTS" AND "AS AVAILABLE." WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONAL WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
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INTELLECTUAL PROPERTY
When You submit any information, Content, feedback or ratings (collectively, "Submissions"), You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use such Submissions and to exercise the related copyright, publicity, and database rights You have in the Submissions, in any media known now or in the future. (We need these rights to host and display Your Submissions.)
You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassembly, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Site unless We have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.
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ABUSE
Without limiting other remedies, We may limit, suspend, or terminate access and use of our Site or Services, and Accounts, prohibit access to the Site, remove hosted Content, and take technical and legal steps to keep any User off the Site if We think that such User is creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and Condition or Our policies.
The following are common examples of violations that may result in immediate removal, warning, sanction, Account termination, or suspension from the Site:
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Posting Material of any third party, including proprietary Material;
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Advocating or proposing illegal activity or discussing an intent to commit an illegal act;
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Including another individual's contact information and/or email address in a post.
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Including pornography, indecency, profanity, vulgarity, hate speech, disruptive, or hostile comments, interpersonal disputes, or threats of violence in a post;
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Seeking to exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable information or the like;
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Impersonating or misrepresenting Your connection to any other entity or person or otherwise manipulating headers or identifiers to disguise the origin of the Content;
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Using JavaScript or active code, making repetitive posts, or otherwise taking actions that interfere with Site operations;
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Impersonating or attempting to impersonate PQGAMES.NET staff or other Users;
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Encouraging others to violate PQGAMES.NET policies or the PQGAMES.NET Terms and Conditions;
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Using the Site for commercial purposes, including advertising any commercial endeavor (e.g., offering for sale products or services) except as may be specifically authorized by PQGAMES.NET;
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Soliciting funds, investors, advertisers or sponsors;
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Submitting any programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, redirect, destroy or limit the functionality of any computer software or hardware or telecommunications;
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Disrupting the normal flow of dialogue, causing a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
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Posting or uploading MP3 formatted files;
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Posting any information containing hyper-links to other sites that contain Content that otherwise violates this Agreement, or falls within the descriptions of Abuse set forth herein;
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Refusing to follow PQGAMES.NET staff instructions;
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Posting email Content from private parties;
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Discussing or reposting deleted posts or warning letters, or discussion of sanctioned or no longer registered Users; and/or
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Using the Site or Services for gambling, or to otherwise participate in games of chance.
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MISCELLANEOUS
Modification Of The Terms
We may modify any portion of the Terms, without notice, at any time. A printable version of the most current form of the Terms is available on the PQGAMES.NET website (http://www.PQGAMES.NET), and can specifically be found at http://www.PQGAMES.NET/docs/terms. Following such modification, Your continued use of the Site or Services signifies Your acceptance of the modifications and You understand and accept that You become immediately bound thereby. You are solely responsible for periodically reviewing these Terms and Conditions for any such modifications.
Modification Of The Services
We may modify or terminate the Services or elements (e.g., Skill Challenges offered or the like) at any time.
Assignment
We may assign this agreement, in whole or in part, at any time with or without notice to You. You may not assign this agreement, or any part of it, to any other party. Any attempt by You to do so is void, and Your Account may be deemed terminated subject to Section 18. Instead, You may terminate Your Account. The other party may then establish an Account and enter into a contract with Us.
Choice Of Law
This Agreement shall be construed, enforced and governed by the laws of MEXICO CITY
Indemnity
You agree to indemnify, defend, and hold harmless PQGAMES.NETagainst all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) Your use of this Site or Services either alone or in combination with any other material, (3), Your failure to abide by any restriction regarding the use of any Skill Game Challenges or Submissions, or (4) any claim by a third party related to the use of Skill Game Challenges or Submissions, alone or in combination with any other material. In any dispute between GamerSaloon.com and You, GamerSaloon.com shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from You.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for whatever reason, the remaining provisions not so declared shall nevertheless continue in full force and effect without being impaired in any manner whatsoever.
Waiver
No term or condition of this Agreement shall have been deemed to have been waived, nor shall there be an estoppel against the enforcement of this Agreement, except by written instrument of the party to be charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as any other than that specifically waived.
Links
Our Site may link to other websites that are not under PQGAMES.NET's control. These links do not imply endorsement by PQGAMES.NET and We are not responsible for the availability of or the Content contained in any linked website.
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