TERMS OF SERVICE
NO PURCHASE NECESSARY TO WIN
Welcome to our Domino Champ website (“Website”) and thank You for reviewing our Terms of
Service. We hope that You will enjoy this Website. DC Internet, LLC (“Provider”) makes this Website, including all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the “Service”) available for Your use subject to the Terms of Service set forth below. The Terms of Service spell out what You can expect from us and what we expect from You.
Acceptance of Terms of Service.
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 of Service”). Please read the following Terms of Service carefully. If You do not agree to the Terms of Service, 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 of Service.
We reserve the right to change the Terms of Service at any time, without prior notice to any Website visitor (“User” or “You”). In the event we do so, we will post the changes on this page and the date of the changes at the top of this page. Your continued use of the Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms of Service, Your authorization to use this Website automatically terminates.
Eligibility.
To be eligible to register and create an authorized account (“Account”), 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 of Service. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User. Employees, officers, directors, investors, agents, and representatives of Provider and its 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 Provider are NOT eligible to use or create an Account on the Website.
Local Laws, Service Not Available in Some States.
You are subject to the laws of the 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 are set up by each individual state, not by the federal government. Residents of Alabama, Arkansas, Georgia, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Washington are NOT eligible to become All Access Members. However, All Access Membership out side of the United States IS available to the residents of Argentina, Australia, Brazil, Canada, Egypt, Finland, France, Germany, India, Mexico, Norway, South Africa, Spain, Sweden, Switzerland and the United Kingdom.. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in contest or tournament offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms of Service, and subject to having Your Account suspended or terminated and Your winnings, if any, void. Moreover, mail-in entry is not available to residents of states for any contest or tournament in which All Access Members are not eligible. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to your legal right to participate in any contest or tournament offered on the Website nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.
Contest and Tournament Play.
A. Contest and Tournament Rules.
All contests and tournaments on the Website are designed to allow You to play against other Members and All Access Members on the Website in a peer-to-peer style format. Consequently, You are solely responsible for managing Your play. Rules for specific contests and tournaments offered on the Website can be found by clicking on the following link: Tournaments and Jackpots.
B. Jackpot Tickets and Daily Drawing.
Once You create an Account, You can play any of the games on Our Website. Members and All Access Members will receive Jackpot Tickets for playing games and/or participating in contests or tournaments. All Access Membership is governed according to these Terms of Service, as is more fully set forth below. The number of Jackpot Tickets You may be entitled to receive will depend upon whether You win or lose a particular game, contest or tournament. Winners will receive three (3) Jackpot Tickets and losers will receive one (1) Jackpot Ticket per game, contest or tournament, but the total number of Jackpot Tickets awarded per game, contest or tournament may be altered at Our discretion. Jackpot Tickets have no cash value and are not redeemable for prizes or continued play. Every day at 11:00 pm PST, all of the Jackpot Tickets acquired during the day will be entered into a daily drawing from which We will randomly select one (1) winner to receive a prize. A “day” for purposes of the drawing will begin at 11:01 pm PST and end at 10:59 pm PST the following day. Odds of winning the daily drawing will depend upon the total number of Jackpot Tickets acquired by all Members and All Access Members during the day in question.
C. Prizes.
All All Access Members are eligible to win prizes on the Website. Members may become All Access Members as prescribed below. Prizes for specific contests and tournaments offered on the Website can be found by clicking on the following links: Tournaments and Jackpots. We reserve the right to require You to provide proof that You are eligible to participate and win prizes in any contest or tournament prior to payment of any winnings or prizes. Further, We are not liable for lost winnings or potential winnings, not even in the case of contests or tournaments that may be prematurely closed. All prizes are non-transferrable and We may substitute a prize for another of equal or lesser value at Our own discretion.
Winners of prizes are responsible for the payment of all taxes on the prize. Any required tax reporting forms will be furnished to the IRS.
D. Odds of Winning.
You acknowledge and agree that the contests and tournaments on this Website are skill-based contests that measure Your ability to play and manage risks against the skills of others and that You are not likely to profit from this entertainment endeavor. The results of all contests and tournaments offered on the Website depend on the number of the players participating in such contests and tournaments; precise odds of winning are therefore unavailable.
E. Winners Lists and Rights of Publicity.
You agree to the use by Provider 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 prize in a particular month.
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.
Lists of winners will be posted on the Website immediately following each competition or tournament.
F. Affidavit of Eligibility and Forfeiture of Prizes.
Prize winners may be required to execute and return an affidavit of eligibility, a copy of the winner’s drivers license, a liability release and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms, the prize will be forfeited and may be awarded to another winner at Provider’s discretion.
Account Responsibility.
A. Account Responsibility.
NO PURCHASE IS NECESSARY to create an Account and become a Member. Upon creating an Account, You will be eligible to begin receiving Jackpot Tickets. 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. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof) and forfeit any winnings in Your Account. You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under Your Account, including fees or charges incurred for membership features or options and payment for purchases made through the Service. Access to and use of membership features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges).
B. Secrecy Obligation.
Once You have selected or been allocated a unique username and password (“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 Provider by sending an e-mail to Send a Message, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. 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 Provider as provided herein) will be treated as valid.
No Transfer.
You may create an unlimited number of Accounts. However, Your Account and the Jackpot Tickets in Your Account are 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 years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all chips and any prizes in User’s Account.
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 Provider and protected by United States and international copyright laws. Copyright © 2008 DC Internet, LLC. All Rights Reserved. Provider 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 of Service. 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 Provider. Users may not provide copyrighted or other proprietary information to Provider 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 Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
DC Internet, LLC
Attn: Kimberly Rucker
1271 Washington Ave. #573
San Leandro, California 94577
Send a Message
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.
Provider owns trademarks for its many goods and services, including, without limitation, DOMINO CHAMP, and the associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
Privacy and Protection of Personal Information.
We respect the privacy of visitors to our Website. Please see Our Privacy Policy relating to the collection and use of Your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms of Service. If You do not agree to each and every part of Our Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Our e-mail at Send a Message.
Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and Service is at User’s sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider 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 Provider spokesperson. advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER 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.
PROVIDER 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. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’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.
Third Party Links.
These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider 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 Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
Online Conduct.
You agree to use the Website and the Service provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, 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 Provider, or negatively influence another User’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 or colluding with other Users 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 Users; (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 of Service.
Circumvention.
User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms of Service, the Service or any games offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that User has 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, User will forfeit all winnings to which User may otherwise be entitled, and Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.
Termination.
These Terms of Service are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User’s access to the Website may be terminated immediately without notice from Provider if in our sole discretion User fails to comply with any term or provision of these Terms of Service.
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 Provider account (“Account”) and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Provider 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. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Provider 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.
Indemnification.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all 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 Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 4(A); (c) Your connection to any Provider site; (d) Your violation of these Terms of Service; (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 provider.
Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in San Leandro, California except that, to the extent You have in any manner violated or threatened to violate Provider intellectual property rights, Provider 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 Provider agree that any Dispute between You and Provider 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 Provider 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 Provider. 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 of Service or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Service 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 of Service 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 Provider; or iii) any other dispute arising out of or relating to the relationship between You and the Providers. 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.
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 of Service or Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms of Service, and Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of California.
Waiver/Severability.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service 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 of Service, which shall continue to be in full force and effect.
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 of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
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 DC Internet, LLC, 1271 Washington Ave. #573, San Leandro, California 94577, telephone number (800) 977-4577 and that (b) the fees and charges for the Service vary depending on the premium features selected by the User. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to the Users of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, contact DC Internet, LLC by telephone at (800) 977-4577. 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 (916) 445-1254.
Entire Agreement.
These Terms of Service constitute the entire agreement between the User and Provider 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 of Service or Privacy Policy will be effective only if in writing and signed by Provider.
ADDITIONAL RULES FOR MEMBERS
All of the foregoing Terms of Service are incorporated herein and are applicable to members. You may become a member as follows:
All Access Membership Subscription and Fee.
Provider charges a fee for All Access Membership subscriptions. You may enroll for weekly subscriptions at $4.95 per week, monthly subscriptions at $14.95 per month, or an annual subscription of $160 per year. We may also offer subscription specials from time to time at Our discretion. All Access Members are eligible to receive cash prizes, no advertisements, ratings based upon statistical data, have unlimited chances to win jackpots and tournaments, and other benefits that are not available to nonmembers. All Access Members will also be granted access to play in contests and tournaments without having to complete a mail-in registration. YOUR SUBSCIPTION MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
By completing the membership registration, You authorize Us to charge the applicable recurring subscription fee to Your designated credit card. We use Authorize.net to process all subscription fees. We reserve the right to change the fees or billing methods identified below at any time. Notice of any change will be posted on Website at least thirty (30) days in advance of the change. You are responsible for reviewing Our billing requirements to obtain timely notice of such changes. Continued use by You of the Service thirty (30) days after We post the changes constitutes Your acceptance of such changes. If You decide to cancel Your membership, We will not refund any fees accrued to Your Account before You canceled. We will not prorate fees for any subscription membership.
Offline No-Purchase Necessary Alternative Method of Entry for All Access Membership.
You DO NOT NEED to become a subscription member to participate in contests or tournaments. As an alternate means of entry to participate as a member for a week in contests and tournaments on the Website, You may:
1. Register on the Website as a free player; and
2. For each weekly period in which You would like to participate as a member, send a 3”x5” card on which You have clearly and legibly handwritten Your first and last name, Your Account username, Your complete mailing address (e.g. street, city, state, ZIP code), Your email address, and date of birth. The card must be placed in an envelope, and mailed to DC Internet, LLC, 1271 Washington Ave. #573, San Leandro, California 94577.
Example:
Name
Account username
Address
Email address
Date of Birth
Mail-in entries will be given a 7-day period of membership, which will begin on the date the mail-in entry is received and processed by Us. All approved mail-in entries will be entitled to full membership benefits. No mechanical reproductions permitted. Entries that are lost, late, illegible, stolen, misdirected, mutilated, postage-due mail or incomplete for any reason will not be eligible.
Any form of entry other than those described herein is void. All entries, regardless of the method of entry, become Our property and will not be returned.
All Users entering through this means will be accorded equal opportunities to participate and win in all of Our contests and tournaments.
Players are reminded to print all transaction data, payment methods and these Terms of Service in order to avoid misunderstandings at a later time.
The section titles in the TERMS OF SERVICE are for convenience only and have no legal or contractual effect.
Date Last Modified: October 30, 2008.
These Terms of Service may be changed at any time, without prior notice.
