SECTION ONE - GENERAL INFORMATION
1.1 Mandatory Conditions and Provisions
By registering and account with and/or participating in a tournament on the website Onlinegamestars.com (Website) the user acknowledges that he has read and agreed to the Conditions and Provisions specified in the latest version. Website reserves the right to make alterations to the Conditions and Provisions at its own discretion. If the user continues to visit Website after alterations are made, he automatically acknowledges that he agrees with such alterations. The user himself is responsible for tracking all alterations to the Conditions and Provisions.
These Conditions and Provisions constitute the full version of the agreement between the user and Witeg Corporation on the subject of this document and takes precedence over all other agreements, contracts, arrangements or negotiations, whether verbal or written. Cancellation of one of the paragraphs of these Conditions and Provisions cannot provide grounds for cancellation of other paragraphs (similar or not) and cannot be considered a reason for premature cancellations of paragraphs, unless otherwise directly provided by the law.
If one of the Articles of these Conditions and Provisions is declared invalid or unenforceable by a competent court, such Article is subject to removal from the Conditions and Provisions whereas other conditions and provisions retain legal force and action.
1.2 Applicable Legislation and Resolution of Disputes
These Conditions and Provisions are interpreted and treated in accordance with the legislation of the British Virgin Islands irrespectively of the existing principles of conflicts of law.
By registering and account and/or participating in the tournaments on Website the user acknowledges that in case of failure to resolve a dispute without involving third parties he may not file a class action suit against Company; he also agrees to resolve all disputes on a case-by-case basis. The user acknowledges that any legal proceedings resultant from any disputes shall take place in one of the courts of the British Virgin Islands or in any other judicial agency specified by Company; the user also agrees to personal liability and territorial jurisdiction adopted with a purpose of handling the above-indicated disputes.
1.3 Full Version of Agreement
These Conditions and Provisions along with other obligations and regulations presented on Website comprise the full version of the agreement between the user and Website and cannot be modified by the user. These Conditions and Provisions cannot be modified on an individual basis by any affiliated entity or entity declaring status of Website’s affiliated entity. No provisions of this paragraph may restrict Website’s rights to make adjustments to these Conditions and Provisions or to post such adjustments on Website.
1.4 Independence of Agreement Provisions
If some of the articles of these Conditions and Provisions are declared invalid and unenforceable, such articles are subject to removal from these Conditions and Provisions and by no means affect validity and legal force of the other articles.
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1a Right to Participate
To create an account and/or to participate in a tournament on Website a user shall be an individual with a valid identification document and e-mail indicated in the account registration form. THESE CONDITIONS AND PROVISIONS ARE CONSIDERED INVALID IF THE CORRESPONDING ACTIVITY IS ILLEGAL OR RESTRICTED BY THE LAW.
WEBSITE ADMINISTRATION OR COMPANY BEARS NO RESPONSIBILITY IF THE USER BY HIS ACTS VIOLATED THE LAW OF ANY COUNTRY.
2.2 Restriction on Participation
Regardless of the Article conditions certain persons are not allowed to collect prizes provided by Website, including: developers, employees, staff members and directors (as well as their close relatives) of Website, of its associated companies, of its subsidiary companies and of its affiliated persons as well as persons, who have access to non-public information related to organization of Website tournaments. For the purpose of this Article close relatives are parents, brothers and sisters, spouses, children and other persons permanently residing with the family of an employee, staff member or director.
2.3 Jurisdiction and Taxation
The user shall abide by the law of the state, region and/or country where he resides and from where he gets access to Website and bears personal accountability for observing such laws. The user acknowledges that Website is released from any accountability related to the existing legislative prohibition or restriction on participation in the Website tournaments. Website renounces any apparent or implicit assurances or guarantees that support justification for user's participation in the Website tournaments; no affiliated entity or entity claiming status of Website’s affiliated entity may provide the above-mentioned assurances or guarantees.
Website reserves the right to request that the user provide proof of right to participate according to Paragraphs 2.1 and 2.2 as well as identification documents prior to award ceremony.
2.4 Recognition of Proprietary Rights
By registering an account and/or participating in a Website tournament the user acknowledges that all information presented to Website, when used in various forms and means, can be encumbered with effective copyrights, patent rights, trademarks, trade secrets and other proprietary rights as well as that Website is the holder of such rights. The user may not change or release such information, participate in communicating or selling such information, create derivatives or dispose of such information in other ways except for when the user creates a copy of such information for personal non-commercial use provided that the user assures inviolability of all copyrights and other components of proprietary rights. Website cannot assure or guarantee that materials presented on Website are not infringement of copyrights of third parties. Despite Website's reasonable efforts to ensure authentic and current information, Website cannot assure or guarantee accuracy of such information. Website does not undertake obligations or responsibility for any errors or flaws related to the informational content of Website.
Any information or materials presented by the user via e-mail or other means of communication including data, questions, comments, suggestions, etc. is not considered confidential or protected information. Any information presented or posted by the user can be used by Website or its affiliated entities for any purpose including but not limited t reproduction, disclosure, communication, release, transmission of such information or posting it on web-resources. Furthermore, Website reserves the right to use any ideas, concepts, technologies or methods contained in correspondence between the user and Website representatives for any purpose including but not limited t developing, manufacturing and promoting products based on the abovementioned information. Herewith the user does not acquire the right for obtaining any benefits associated with the abovementioned circumstances.
Trademarks, logotypes, or advertising signs (collectively referred to as Trademarks) presented on Website pages, including names of all games and puzzles, are registered and non-registered Trademarks of Website and/or of other entities. Information presented on Website in no way can serve as grounds for awarding a license implied on a basis of assumption or implied in any other way or rights to use a Trademark presented on Website. Unauthorized use of any Trademark presented on Website or other Website information is strictly prohibited unless otherwise provided by these Conditions and Provisions. Website hereby notifies the user that Website will defend its rights to intellectual property to the extent provided by the legislation, including but not limited t criminal proceedings and/or initiating a civil suit hearing under applicable circumstances.
2.5 Advertising Activities
By registering an account the user automatically acknowledges that he authorizes Website to display the User Name on fixture lists. By collecting prizes from Website the user agrees to universal publication, coverage, broadcasting and use of his name, photographs, voice and other similar information and/or background information by any media at any given time for advertising and other similar purposes without relevant compensation.
2.6 Communication of Information
If the user submits to Website his comments, questions or suggestions, including but not limited t notes, text messages, drawings or computer programs, all such data become and afterwards remain sole proprietorship of Website. In now way the abovementioned information can bind Website by confidentiality obligations. Website holds exclusive rights to unlimited use of all abovementioned information without paying relevant compensation to the user.
2.7 Required Information
When creating an account the user is required to submit the following information: nickname that will be used as a User name, password and e-mail address. Website reserves the right at its own discretion to change and/or remove/lock obscene User Names.
2.8 Authenticity of Information
The user guarantees and ensures completeness and authenticity of all information provided to Website. Purposeful submission of incomplete or inauthentic information can cause immediate lock of the user account as well as revocation of all prizes and winnings gained by the user.
2.9 Confidentiality Policy
Website may not deliberately release any personal information (including information contained in the user’s registration form, his social security number, user’s e-mail address, information contained in cookie files or information about user’s IP address) to third parties without obtaining user’s consent in advance except for instances when Websites considers releasing such information its direct responsibility for the purpose of fulfilling the legislative and contractual requirements of Website as well as of these Conditions and Provisions or other Website regulations. By accepting a prize from Website the user automatically agrees to releasing personal information in accordance with Paragraph 2.5. Website reserves the right to collect general demographic information or other information about market behavior without obtaining consent from the user if, by doing so, Website does not release personal information of the user to third parties. Witeg Corporation uses electronic mail services to send information about tournament winners, special bonuses, events and changes in the Website policy. New participants are automatically subscribed to six kinds of e-mail messages sent by Witeg Corporation, including: advertising messages, advertising messages about Company’s partners, newsletters, general information messages, messages of entertainment nature (such as notifications about tournaments and games) and messages of financial nature.
2.10 Chat, Bulletin Board and Message Processing Policy
Website Rules:
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Website reserves the right to temporarily or permanently lock accounts of users who violate the Website Rules or abuse the purposes of informational communities in chats.
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Website reserves the right to delete posted messages for any reasons.
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To obtain access to any Website page the user shall have identification documents.
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It is prohibited to use pejorative words, obscene expressions as well as use of asterisks (**) and other symbols of euphemistic nature for disguising such words.
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The Website Rules do not allow use of pejorative, obscene, detractive, pornographic, offensive, rude, disrespectful, or four-letter words as well as posting messages of threatening nature. Nicknames of Website users are displayed as User Names; it is prohibited to give oneself out to be some other Website player.
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Website welcomes opinions and comments on issues in question but forbids any attacks (assaults) at persons, companies or products.
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All messages on the Website Bulletin Boards and other pages shall contain information related to Website games.
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Posting advertising or propaganda materials about other companies or URL is prohibited.
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All messages posted on the Bulletin Boards and other Website pages shall contain information related to Website games or information of such Bulletin Boards or other Website pages.
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Website warns the users against including personal information (names, telephone numbers, home addresses, passwords, etc.) in messages to other Website users. User messages shall not contain advertising information.
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User messages shall not contain information about patent rights, copyrights or trademarks.
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Information released in chats, on the Bulletin Boards or in user messages becomes property of Website and common property. Website bears no responsibility for information released by the user.
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2.11 Bulk Mail Control
Website expresses strong disapproval of activities generally called Spam. Website has the right, at its own discretion, to immediately LOCK or DELETE accounts of users whose activities fall under definition of Spam (upon adequate confirmation from Website employees). Furthermore, Website has the right to unilaterally revoke all winnings (if applicable) of such users. Website defines Spam as follows:
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e-mail messages sent to an e-mail address of a recipient with whom the sender does not do any common business and with whom the sender is not bound by personal relationship without request from the addressee and/or clearly expressed permission of the addressee
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messages posted on Usenet and on bulletin boards, if they are not related to the topic (off-topic messages), or posted on outside news groups or in the amounts exceeding reasonably acceptable limits
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inquiry messages posted in chats or sent to individuals or groups of individuals in the Internet Relay Chat (IRC) environment or systems of instant messages (for example ICQ)
For protection from bulk mail Website has the right, at its own discretion and without preliminary notification, to take the following actions:
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Locking Account: Upon receiving valid and proved complaint, Website has the right to immediately lock status of the user involved in illegal activities. Locking the account is the last warning to the user and prevents user from further activities associated with sending Spam messages. Website has the right, at its own discretion, to consider each violation separately on a case-by-case basis and to make decisions on Deleting or Locking the account as well as on revoking all associated winnings. Website reserves the right, at its own discretion and at any time, to remove the lock from the user’s account.
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Deleting Account: Upon receiving valid and proved complaint Website has the right to immediately delete status of the user involved in illegal activities as well as to revoke all respective winnings.
SUBMITTING ABUSIVE PRACTICE COMPLAINTS: If the user wishes to inform about bulk mail control policy violation, he can submit proofs of such violation to abuse@OnlineGameStars.com. Please be responsible when using this option!
2.12 Restriction on Participation Rights
The user has the right to create only one account per individual for using Website resources. Website reserves the right to track any attempts to register multiple accounts; if Website finds out that the user created more than one account per individual or per address, all additional accounts are subject to cancellation without notifying the user in advance and all subsequent violations of similar nature will result in cancellation of all user’s accounts whereas Witeg Corporation will have the right to revoke all associated winnings. Website also reserves the right to deny access to anybody including but not limited t players who use a proxy server and/or IP address located in specific geographical regions.
Website has the right to establish restrictions on the amount of transactions (in dollars) made by the user with a credit card for using Website resources. Website also has the right to establish restrictions on the amount of losings (in dollars) for Website users for a current calendar month. If the amount of losings reaches specified level, the user will not be able to participate in the Website tournaments until the beginning of the next calendar month. Website reserves the right to establish validity periods and other restrictions on all game bonuses. Website reserves the right to bring game bonus balance of an inactive account to zero. Game bonuses are bonuses applied to a user account by Witeg Corporation including but not limited t preferred bonuses, bonuses for participating in the tournaments, bonuses in cash equivalent, prize bonuses and bonuses in product equivalent. User account is considered inactive if it is not used during the period of over 180 days.
2.13 Abusive Practices
If the user is involved in activities regarded as application of illegal techniques on Website including but not limited t registering and/or using multiple accounts, applying unauthorized or modified software and hardware products that secure advantages for the user when participating in the tournaments, deliberately passive behavior for the purpose of establishing additional chances to win (playing at give-away), intentionally moving monetary assets between accounts (“money laundering”), oppressing other participants, posting reprehensible materials, any violation of these Conditions and Provisions, any actions that constitute a threat to account or Website security (collectively referred to as Abusive Practices), Website has the right to take immediate actions (upon unilateral decision of Website) to the extent of cancelling the account and locking out access to Website. In the event of “money laundering” activities, Website has the right to release respective information to the respective law enforcement authorities according to the user account’s country of origin. Furthermore, all user’s winnings (if applicable) can be revoked at Website’s discretion.
2.15 Service Fee for Account Maintenance
Tournament participant's account is considered inactive if the user has not activated the account and has not participated in tournaments during previous six months. If tournament participant’s account is inactive, Website reserves the right to apply service fee at the amount of 8 standard units a month starting with the fifth month of the account being inactive. Website has the right to notify the account holder about inactive status of the account and the amount of service fee by mail.
2.16 Deactivating Account of Free Tournament’s Participant
Tournament participant's account is considered inactive if the user has not activated the account and has not participated in the tournaments during last six months. If tournament participant’s account is inactive, Website reserves the right to deactivate the account. In the event the account is deactivated as described above, Website can contact the user to remind him of an opportunity to use Website resources. If the user continues to visit Website after his account has been deactivated, Website has the right to ask the user to register a new account to participate in Website tournaments.
SECTION THREE - How OnlineGameStars Works
3.0 OnlineGameStars Prize Fund Overview
OnlineGameStars Prize Fund is the amount of funds provided by Website or a game sponsor that allows individuals, tournament participants, to win various cash rewards or non-monetary prizes provided that tasks mentioned below are successfully completed.
3.1. OnlineGameStars.com Games
To win monetary or non-monetary prizes a tournament participant has to play a game presented on Website. Each game has a separate Prize Fund and participating in one game does not secure winnings in the other.
3.2. Paying for Participation in OnlineGameStars.com
FREE Tournament participants DO NOT have to PAY to participate OGS tournants ad win. Its Absolutlly Free. AlSO is free to make you own team. And Its free for team to participate in Free Turnamets.
Time Tournament participants buy game Currency to participatt in OnlineGameStars Tournaments.
Game Currency of Website is Parnas. 1 Parnas equals 1 USD. Website Administration reserves the right to change game Currency rate at any time without informing tournament participants.
For each new attempt in various games Administration writes the amount of game currency established for a game off the participant's running account.
3.3 Chances to Win and Award Ceremony
Outcomes of all tournaments presented on Website depend on the amount of players participating in such tournaments as well as on players’ skills, thus, it is nearly impossible to calculate the likelihood of winning. The only thing possible to calculate is the best player wins. However, some games also have additional awards.
As a rule, prizes are monetary funds entered directly on the account of the winner. The amount of the tournament’s Prize Fund is announced prior to the tournament. Prize Funds are established by Website Administration or a Game Sponsor. If the former is the case, Website Administration has the right to apply Quorum for adjusting the Prize Fund. Quorum is the number of people sufficient for disbursing the Prize Fund. Quorum is determined separately for each country. Quorum is determined by Administration with due consideration for the Prize Fund and game. Not reaching the Quorum does NOT mean the Prize Fund is lost. Prize Fund simply reduces in size to the amount of collected payments and is distributed between tournament winners.
Prize Fund, as well as Quorum, can be approved by Website Administration in each country or each region separately. Each user has the right to play in any country for an additional fee in game Currency.
Unless otherwise provided by the law, Website has the right to withhold certain share of the total amount of all admission fees for tournaments that require participant registration as a commission for funds management.
Please note that in certain circumstances when a user account is cancelled upon Website decision as a penalty for violating these Conditions and Provisions, Website has the right to revoke all winnings of the player
without the right to reclaim such winnings. In such situations Website applies withheld funds to pay out costs for ensuring performance of these Conditions and Provisions.
3.4 Winner Lists
Winner Lists are posted on Website in two different ways: 1) in real time mode as best 8 results in each country come out, and 2) immediately upon completion of the tournament, except for large-scale tournaments with big Prize Funds (determined by Website unilaterally), winner lists are posted within five business days according to time required for processing the results to avoid potential abuse.
3.5 Game Results
Game results and name of winners of Website tournaments are determined by Website independently, therewith, game results cannot be reconsidered. By registering and/or participating in a tournament the user agrees to these conditions.
3.6 Tournament Rules
To learn about rules for specific tournaments presented on Website click on the following link: Tournament Rules
3.7 Modification to and Expiration of Tournament Validity Period
OnlineGameStars reserves the right at any time without prior notification to change any of the abovementioned Conditions and Provisions including but not limited t tournament partner-participants, validity period of a tournament, validity of exchange period, amount of bonus points awarded to a participant upon completion of certain activities, conditions for awarding bonus points and the amount of bonus points allowed for exchange during the tournament even if such modifications may affect chances of pay-tournament participants for gaining bonus points.
OnlineGameStars reserves the right to terminate the Program at any time and for any reasons without prior notification even if this may affect chances of participants for winning.
Further participation of the player in the tournaments is viewed as his agreement with all modifications to these Conditions and Provisions. Tournament participants themselves track all such modifications of OnlineGameStars.
3.8 General Conditions and Provisions
OnlineGameStars reserves the right to revoke the status of the tournament participant if that participant is involved in fraudulent activities or uses tournament with violation of these Conditions and Provisions or federal and regional laws and legal regulations or laws and regulations of states, regions, cities or countries. Revocation of participant’s status may cause losing of all earned bonus points and bonuses. Further still, besides locking the user account OnlineGameStars has the right, at its own discretion, to bring a civil and/or other case including initiating civil and/or criminal proceedings.
The Program is available to individuals only. Corporations, associations and other groups of persons cannot participate in the tournaments. Activities of an individual or a company associated with compelling and inciting individuals to use single account for accumulating bonus points and for using them collectively afterwards are illegal.
Bonus points are not property of tournament participants and can be revoked by OGS at any time in accordance with these Conditions and Provisions. Bonus points cannot be passed or transferred to another person and cannot be handed over after participant’s death in accordance with matrimonial or other legislation.
OnlineGameStars is not accountable for placement of unreliable or false information submitted by tournament participants during program’s effective period.
All questions and disputes related to rights to participate in the Program, to gaining or collecting monetary funds as well as to performing obligations of these Conditions and Provisions by tournament participants are resolved by OnlineGameStars unilaterally.
3.9 Limitation of Liability
By participating in a tournament, the tournament participant acknowledges that technical processing and communication of Website data includes communicating with other various network channels and requires modification of data structure for the purpose of conformity with the technical specifications of network connections and ports of devices. OnlineGameStars cannot be held accountable for incorrect or inaccurate data display, technical difficulties with equipment or software products used for tournaments or by participants, for employee errors, malfunction, failure, inoperability, defects or breakdown of communication lines of phone networks or data communication electronic system, for failure of computer hardware or software, unavailability of access to Website or on-line service or for any other errors or failures of technical nature. UNDER NO CIRCUMSTANCES INCLUDING BUT NOT LIMTED TO: NEGLIGENCE ON THE ONLINEGAMESTARS SIDE OR ITS EMLOYEES, DIRECTORS, STAFF MEMBERS, SHAREHOLDERS, ADVERTISING AGENCIES, LEGAL SUCCESSORS, CESSIONARIES OR SERVICE SUPPLIERS ARE ACCOUNTABLE FOR DIRECT, INDIRECT, ACTUAL OR IMOLICIT LOSS RELATED TO TOURNAMENT OR TO AWARDING NON-MONETARY PRIZES WITHIN THE TOURNAMENT EVEN IF THE ABOVE-INDICATED PERSONS OR THEIR AUTHORIZED REPRESENTATIVES WERE WARNED ABOUT THE POSSIBILITY OF SUCH LOSSES. IF OnlinGameStars WRONGFULLY REVOKES LEGITIMATELY EARNED BONUS POINTS FROM THE TOURNAMENT PLAYER, COMPANY’S LIABILITY WILL BE LIMITED BY AWARDING RESPECTIVE BONUS POINTS. BY PARTICIPATING IN THE PROGRAM THE PAY-TOURNAMENT PARTICIPANT ABANDONS ANY RIGHTS FOR FILING A CASE OR INITIATING PROCEEDINGS ASSOCIATED WITH THE MENTIONED ABOVE UNDER ANY JURISDICTION AFTER A LAPSE OF ONE (1) YEAR FROM THE DATE OF DOCUMENTED ACTIVITY, INACTIVITY, EVENTS OR CONDITIONS THAT SERVE AS A GROUND FOR FILING A CASE OR INITIATING PROCEEDINGS. No OnlineGameStars or its employees, directors, staff members, shareholders, advertising agencies, agents, legal successors, cessionaries or service suppliers can be held accountable for products and services presented on websites of partners-participants. TO THE EXTENT PERMITTED BY THE LAW WITEG CORPORATION AND ITS ADVERTISING AGENCIES RENOUNCE ALL ASSURANCES OR GUARANTEES EITHER CLEARLY EXPRESSED OR IMPLIED CONCERNING PRODUCTS AND/OR SERVICES PRESENTED ON PARTNERS’ WEBSITES INCLUDING ALL IMPLICIT GUARANTEES FOR PRODUCT VENDABILITY AND EXPLOITABILITY FOR SPECIFIC PURPOSES AS WELL AS IMPLICIT GUARANTEES RESULTANT FROM REGULAR PRACTICES OF BUSINESS OPERATIONS OR PERFORMANCE OF THE AGREEMENTS. Some states do not allow for restrictions on the guarantee period, therefore, the abovementioned provisions of this Paragraph are not applicable to the users who live in such states. Tournament participants acknowledge that when receiving products within this Program, they can count only on manufacturer warranties (if there are any).
As a mandatory condition for participating in the tournaments, pay-tournament participants acknowledge that 1) all disputes, statements of claim and grounds for initiating proceedings emergent during the Program process or in connection with prizes collected within the tournaments are to be resolved on a case-by-case basis in the arbitration courts in compliance with the Regulations of the International Arbitration Court; therewith the users cannot file class action lawsuits. Court proceedings shall take place at the location of Company; 2) the subject of statements of claim, decisions and compensations shall be limited to the actual expenses including expenses required for participating in the tournaments and excluding lawyer’s fees; and 3) under no circumstances the tournament participant can ask for compensation for pain and suffering or for indirect, implicit and other losses besides actual losses; he also abandons any right to such compensation and exaggeration or amplification of the amount of actual losses.
All questions and disputes related to performance, validity, interpretation and legal grounds for these Conditions and Provisions or rights and responsibilities of the tournament participant and Witeg Corporation within the tournaments shall be resolved in accordance with the legislation of the Company's host country; therewith it is prohibited to use laws including rules and principles of conflict of laws (of any judicature) if such laws point to the necessity to hear case within a legislation different from the legislation of the Company's host country.
SECTION FOUR - LIMITATION OF LIABILITY
4.1 Limitation of Liability - General Provisions
BY REGISTERING AN ACCOUNT AND/OR PARTICIPATING IN A TOURNAMENT PRESENTED ON WEBSITE THE USER ACKNOWLEDGES THAT WEBSITE BEARS NO RESPONSIBILITY FOR DAMAGE, LOSS OR HARM INFLICTED ON THE USER WHEN USING OR ACCESSING WEBSITE RESOURCES OR WHEN TRYING TO USE OR TO ACCESS SUCH RESOURCES. THE USER HEREBY AND HEREAFTER ACKNOWLEDGES THAT WEBSITE BEARS NO RESPONSIBILITY FOR DAMAGE, LOSS AND HARM INFLICTED ON THE USER AS A RESULT OF DOWNLOADING WEBSITE DATA. WITHOUT LIMITATION AS TO THE MENTIONED ABOVE THE USER ACKNOWLEDGES THAT WEBSITE BEARS NO RESPONSIBILITY FOR DAMAGE TO PERSONAL COMPUTER OF THE USER, DATA DAMAGE, LOSS OR CORRUPTION, OR ANY OTHER INDIRECT OR IMPLICIT LOSSES RESULTANT FROM THE USE OF WEBSITE.
Website does not undertake obligations for any damage inflicted on user’s property including losses associated with the infection of such with computer viruses in relation to visiting, using and viewing Website as well as to downloading any materials, data or text, graphic, video and audio information presented on Website.
If abnormal performance or failure of the systems operated by Website prevents the user from completing the tournament he is participating in, upon receiving expense reimbursement request Website will reimburse the user only for the amount of standard units spent but not for points scored. Website reserves the right to unilaterally decide the question on responsibility for the above indicated abnormal performance or failure of the systems. Website also reserves the right to restrict user participation in a tournament or to cancel user account if Website independently establishes that the user deliberately caused such abnormal performance or failure of the systems. Website is not accountable for uncollected winnings in an uncompleted tournament.
4.2 No Guarantees
ALL PRODUCTS AND SERVICES INDICATED ON WEBSITE ARE RENDERED WITH NO GUARANTEES INCLUDING QUALITY GUARANTEES OR CLEARLY EXPRESSED OR IMPLICIT GUARANTEES, GUARANTEES FOR PRODUCT VENDABILITY OR EXPLOITABILITY FOR SPECIFIC PURPOSES OR GUARANTEES FOR INTELLECTUAL PROPERTY RIGHT NON-INFRINGEMENT. AFFILIATED ENTITIES OF WEBSITE MAY NOT CHANGE CONDITIONS OF THIS PARAGRAPH.
4.3 Use of Credit Cards
The user acknowledges that Website bears no responsibility for damages inflicted on the user in connection with unauthorized use of his credit card or other means of payment by third parties and resultant from the use of Website resources.
Any fraudulent activities related to the use of credit cards and other means of payment regardless of consequences of such activities as well as failure on the user part to transfer legitimate payments and fees will lead to cancelling account of the user, revoking all his winnings as well as initiating civil and/or criminal proceedings.
4.4 Hacking Activities, Malevolent Account Modification and Unauthorized Access
By registering an account and/or participating in a tournament presented on Website the user automatically agrees that Website bears no responsibility for damage, losses or harm inflicted by hacking activities, malevolent use of the account or Website or for unauthorized access to such services.
Any attempts to obtain unauthorized access to Website systems or user accounts, to interfere with Website operation and activity procedures or to deliberately cause harm or damage to Website are considered grounds for initiating civil and/or criminal proceedings and invoke immediate cancellation of the account and revocation of all winnings of the user.
Any attempts to participate in a tournament presented by Website with the use of automated, macro, program and other similar techniques or to perform other fraudulent activities within Website serve as grounds for initiating civil and/or criminal proceedings and invoke immediate cancellation of the account and revocation of all winnings of the user.
4.5 One Account User per Account
The user, as the account holder, is solely responsible for all obligations and acquires the right for sole utilization of benefits in accordance with these Conditions and Provisions. The user may not allow other people to access and use his account, Website resources, and his winnings or to participate in the tournaments on his behalf. User’s account may not be handed over to third parties. By registering and/or participating in the tournaments presented on Website the user acknowledges that he releases Website of, protects Website from and insulates Website against any civil obligations and claims for damages and/or expenses (including lawyer’s fees) arising from the use of the account by the third party.
4.6 Account Cancellation
Website reserves the right to cancel the account, to restrict or to ban the user from participating in games, tournaments or specific varieties of tournaments or to change the amount of standard units on the user’s account in the system for any reason including but not limited to any abusive activities committed by the user.
By registering an account and/or participating in a tournament presented on Website the user agrees to provide access to Website representatives to the account information for checking validity of complaints and other violation claims.
If such complaints or claims are confirmed, all payments (deposits) made by the user, after deduction of registration fee and revoked assets, are returned to the participant. All winnings (if any) may be revoked at Website’s discretion.
SECTION FIVE - NON-MONETARY PRIZES
5.1 Limitation of Liability - General Provisions
The Conditions and Provisions for the tournaments with non-monetary prize funds are the same as the Conditions and Provisions developed for tournaments with monetary prize funds except for the following particularities.
5.2 Exchanging Prize for Money Equivalent
Players can submit a request for collecting money instead of collecting a non-monetary prize; however, Website is not obliged to satisfy such requests. Website has the right at its own discretion to make a decision on making a payment instead of awarding a non-monetary prize, therewith Website reserves the right to determine the amount of monetary assets even if such amount does not match the value of the non-monetary prize. In this case the player may either accept Website’s offer and non-monetary prize or refuse to accept both the prize and its monetary equivalent. Website also reserves the right to enter the amount equivalent to the prize value in Game Currency (determined by Website unilaterally) on the account of the player who won a non-monetary prize if the user does not lay claim to the prize in question within certain period of time but not less than 30 days.
If the prize for some reasons cannot be given to the player if the user is located outside the reach of Website Administration or its partners or in the event there are difficulties with delivering the prize, Website has the right at its own discretion to replace the prize with its monetary equivalent the amount of which is determined based on the price Website paid for the prize and not on the recommended retail price of the manufacturer or other price. Players may not return or exchange prizes that are already entered onto their accounts as game bonuses or monetary bonuses.
5.4 Stand-offs
In the event of a stand-off in a tournament with a monetary prize fund the prize is divided equally between the winners. However, in the event of indivisibility of prizes such as a car, a diamond ring, etc. a stand-off in the tournaments with non-monetary prize funds is resolved as follows: player who first won the highest number of points is considered the winner among players with the same number of points. For example, if user X and user Y gained the lead by winning 1,500 points each and user X finished at 2:00 PM while user Y finished the game at 3:00 PM, then user X is the winner and user Y receives the prize for finishing second (upon availability of such prize).
5.4 Taxes
Similarly to the tournaments with monetary prizes users are responsible for paying taxes related to winning non-monetary prizes in compliance with the legislation of countries and regions of origin. Website bears no responsibility for tax delinquency on the part of the tournament winners.
5.5 Delivery Terms
Unless otherwise provided by the legislation, non-monetary prizes are shipped to the users within 14 days from the day corresponding request from the winner is received. Unless otherwise provided by conditions and location of the winner. All products are shipped on the FOB condition. Sender and Website accordingly bear no responsibility for damage inflicted to the product during the delivery process. Delivery expenses are paid by the user and are written off the user’s account. For certain tournaments (upon appropriate notification) Website may defray product delivery costs, however, this is not an obligation on Website part.
5.6 Guarantees
Website bears no responsibility for manufacturing defects, defects identified during product service or caused by improper utilization of the product or for routine maintenance of the product; in the event the product is not covered by manufacturer warranty, all responsibilities fall directly on the manufacturer. In case the product is not covered by manufacturer warranty, it is offered to the user without a warranty and Website also bears no responsibility for manufacturing defects, defects identified during service of the product or caused by improper utilization of the product or for routine maintenance of the product. Website does not provide any guarantees or assurances concerning authenticity or genuineness of any non-monetary prize, particularly, concerning collective prizes.
5.7 Winning a Trip
If the user wins a free trip, within a week from the day of receiving corresponding request he shall provide Website with information required for making trip reservation including but not limited t names and ages of persons travelling, city of origin and, if applicable, date for starting the trip, otherwise the trip may be cancelled. Website bears no responsibility for losses, harm to the health and other damage experienced by the user during the voyage or trip or for cancellation, delay, changing dates and inadequacy of service quality associated with activities of third parties, such as travel agencies and tour operators.
5.8 Other Prizes
If granting a prize requires the user to have certain regional or federal licenses or permissions or licenses and permissions of countries and cities (for example driver’s license when the prize is a car), players shall provide proofs of availability of such licenses or permissions and other similar information within a week from the day of receiving corresponding notice, otherwise the prize may be cancelled.