Fee-base Tournament Age RestrictionIn order to enter any of gSpot's fee-based tournaments, you must be an adult and at least the minimum legal age required by the state in which YOU reside or are located in or are a citizen of in order to enter into such tournaments. As a minimum legal age, gSpot prohibits anyone from entering into any of its fee-based tournaments if they are not at least 18 years old. Additionally, if YOU reside or are located in or are a citizen of a state that requires a higher minimum legal age to enter into fee-based tournaments, then you must be at least that minimum legal age. For example, if YOU reside in Alabama or Nebraska, then YOU must be at least 19 years old, and if YOU reside in Mississippi , then YOU must be at least 21 years old. By entering into or playing in any of gSpot's fee-based tournaments, you affirm that you are at least the minimum legal age to enter into such tournaments in the state in which you reside or located in or are a citizen of.
gSpot prohibits all "minors", as defined by the state in which you reside or located in or are a citizen of, from entering or playing in any of its fee-based tournaments.
Please note that if you are a "minor" or under the age of 18, you may still play in any of gSpot's free and non-prize tournaments.
Location/Citizenship Eligibility RequirementsIn order to play the games and enter fee-based tournaments offered at this Website, YOU must open an account with gSpot and legally confirm the following:
1. YOU agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the gSpot's account registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
2. YOU are a natural person, meeting the minimum legal age requirements stated above to enter into fee-based tournaments, who is assigned to the e-mail address submitted on your account registration form;
3. YOU are a US citizen, physically located in a US state where YOUR participation in gSpot's fee-based tournaments is unrestricted by law, as specified in great detail below.
In the US , the power to enact laws governing tournaments with entry fees and/or prizes is given to each individual state, and not the federal government. The following states have enacted laws addressing tournaments with entry fees and/or prizes, and YOU may not enter or play in any gSpot tournament if YOU reside in or are a citizen of or are physically located at any time while playing a gSpot tournament in any of the following states:
Arkansas, Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Missouri, Nevada, South Carolina, South Dakota,, Tennessee, Washington and Vermont; as well as VOID ANYWHERE ELSE WERE PROHIBITED OR RESTRICTED BY LAW.
4. YOUR REPRESENTATION AND WARRANTY TO gSPOT: YOU agree that gSpot makes no representations or warranties, expressed or implied, to you about your legal right to participate in any tournament offered on this Website. YOU agree that you are subject to all of the laws of the state and country in which you reside in or are a citizen of or from which you access this Website from and are solely responsible for obeying such laws. YOU agree that gSpot cannot be held liable for any reason for your participation in any of its tournaments, if laws applicable to your participation in such tournaments restrict or prohibit YOUR participation.
gSpot reserves the right to monitor YOUR location from which you access this Website and to block access from any jurisdiction in which YOUR participation is illegal or restricted.
Fraudulent RegistrationAny player attempting to submit a fraudulent registration will be disqualified from playing and denied any prize winnings, and if appropriate, reported to the authorities.
User Account/Family Account, Password and SecurityYOU will receive a password and account designation upon completing gSpot's account registration process. YOU are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. YOU agree to (a) immediately notify gSpot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. gSpot cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Non-Gambling WebsiteThere is no gambling, betting or wagering allowed at this Website. The online skill-based game tournaments of gSpot's are no different than chess, checkers, carnival games, golf tournaments or other skill-based games that have been legally played for cash or prizes in the brick and mortar word for hundreds of years.
The newly enacted Unlawful Internet Gambling Enforcement Act of 2006 (Title VIII, SAFE Port Act, H.R. 4594, Public Law 109-347 (2006)) (the "Act") provides, among other things, that states will continue to have the authority to regulate gambling occurring within their borders, and provides clarity that state and federal law enforcement officials will have the authority to seek injunctions against people who facilitate illegal online gambling. Section 5362 of the Act defines illegal gambling, betting or wagering as "the purchase of a chance or opportunity to win a lottery or other prices (which opportunity to win is predominately subject to chance)". Since the tournaments offered on this Website are all skill-based games, meaning that the outcome of all gSpot games are based predominantly upon the players' skill, not chance, gSpot's fee-based tournaments are not games subject to change.
gSpot's fee-based tournaments are a sharp contrast to lotteries, bingo or card games typically found in casinos, where every player ultimately faces the same random odds of winning. Players in any of gSpot's tournaments win by outscoring their opponent based on their game skills, not based by chance.
Although the distinctions between skill-based games and games of chance are clear, there are some states that have not yet permitted skill-based games to be played for cash or prizes. For this reason, that is why gSpot prohibits players from these states from entering or playing in its fee-based tournaments.
All of gSpot's prizes are determined by the number of participants and the amount of any fees paid by those participants. In this regard, gSpot has implemented appropriate data security standards and age and location verification requirements to prevent unauthorized access by any person whose age and current location has not been verified in accordance with that person's appropriate state law or regulations.
Full Assumption of Risk of Loss and IndemnificationIf YOU decide to enter gSpot's fee-based tournaments, YOU fully assume so at your own discretion and risk. As in any money-based game, there is the risk of loss of money. YOU fully understand that YOU can elect to play free games that are also available on this Website.
YOU shall not participate in gSpot's fee-based tournaments (nor accept any Prize) if YOU do not fully understand, agree to, become a party to, and shall abide by, without exception, all gSpot's rules, regulations, terms and conditions contained herein and any such rules, regulations, terms and conditions that may change from time-to-time.
YOU are at least the age of legal majority in the state in which YOU reside or are located in or are a citizen of.
YOU understand that YOU may play gSpot's games for FREE, or participate in fee-based tournaments.
YOU do not find gSpot's games or fee-based events offensive, objectionable, unfair or indecent.
YOU agree to hold gSpot, its employees, officers, directors, licensees, affiliates, partners, subsidiaries, advertising, promotion or other agencies, and agents completely harmless and fully indemnify them from any and all costs, expenses, liabilities and all damages whatsoever that may arise as a result of YOUR: (i) entry or use the Website; (ii) use of any materials at the Website; (iii) entry or participation in fee-based tournaments; (iv) participation in the game(s); or (v) incurring losses or the acceptance of any prizes.
No Warranty ProvidedAll goods and services provided on the Website are herein provided on an "As Is" basis, without Warranty of any kind, either Express or Implied, including but not limited to Implied Warranties of Merchantability, Fitness for a particular purpose. No person affiliated with GameColony.com, or claiming any affiliation has any authority to extend any such warranties.
A player understands and unconditionally agrees that gSpot cannot be held responsible for any browser or Java or Java Virtual Machine issue or any other related or unrelated malfunction that the player's computer system may experience.
gSPOT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED `AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, gSPOT SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. GameColony.com WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE.
Recommended System ConfigurationAs opposed to other online sites, due to enhanced security of gSpot and the use of the latest encryption software, the `ideal' recommended system is Windows XP with DSL or cable connection.
Players with older systems or dial-up connections will significantly benefit from upgrading according to above recommendations.
Acceptance of Risk of DisconnectionsYOU understand and accept the risk of Internet disconnections as they can and do occur - there are many separately managed networks connecting your location to this Website - each is a potential point of occasional failure.
Our system allows a full reconnect of up to 6 times (5 minutes each) directly to the original game. As all games are recorded, intentional disconnects are grounds for dismissal from the tournament and/or from the Website.
Game DisputesGames are only eligible for dispute within a 12 hour period after the game started. Disputes must be initiated via the Contact Us link at this Website's home page. If there is a valid reason to dispute the game, stop playing right away even if it means disconnecting & taking a loss. After you stop playing the game, submit a valid reason for your dispute as soon as possible, and no later than 12 hours after the game infraction. All game disputes are treated in a fair and impartial manner. Management decisions regarding disputed games are final.
gSpot maintains 100% impartiality in operating this Website and reserves the right to let Stay or Annul or Proportionately Settle any unfinished tournaments or Mini-tourneys on a case-by-case basis depending on players' chances to win at game interruption.
The mini-tourney or tournament game is considered as played to completion if all of the following conditions are in place:
The mini-tourney or tournament games will be annulled and all collected fees (if any) will be returned if any of the following conditions is true:
The mini-tourney will NOT be annulled if:
In the rare and unlikely event of our server problem (hardware and/or software), a tournament or mini-tourney in play during the problem will be annulled. We will refund the entry fees to each player's account that was still in the tournament or mini-tourney at the time. This resolution treats all players fairly. If a player was eliminated from the multi-player tournament before the server problem, they are considered "out of the tournament" and do not receive an entry fee refund or any portion of the prize pool.
Proportional settlements for games with entry fees less than $5.00 are performed only when chances to win for a losing party are over 20%.
Additional Limitations on Player ParticipationYou may establish only one account to participate in the activities offered on the Website. gSpot reserves the right to monitor any effort to establish multiple accounts; in the event gSpot discovers that you have opened more than one account, all your accounts can be terminated. You represent and warrant that all information you supply to the Website is complete and accurate. Submitting incomplete, false, or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. gSpot imposes a dollar amount limitation on the credit card transactions in which you engage to fund your activities on the Website. gSpot may also impose limitations on the net dollar amount you may lose on the Website during a specific period. Should your losses reach the internally-designated limit your play in gSpot tournaments may be restricted. gSpot reserves the right to change these dollar amount limitations at any time.
Accounts for individual use onlyA player who purchases entry fees for his/her account becomes the sole owner and holder of the entry fee. Holders of entry fees are solely responsible for all account obligations and entitled to all benefits therefrom. It is the responsibility of each entry fee holder not to allow any other person to access your account, access the Website, accept any winnings, or participate in any tournament using your account information. Your entry fee is not transferable to any other person. By registering and/or participating in any tournament offered on the Website, you agree to indemnify, defend, and hold the Website harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.
Legality and TaxesYou are subject to all laws of your state and country in which you reside and from which you access the Website and are solely responsible for obeying those laws. You agree that gSpot cannot be held liable if laws applicable to you restrict or prohibit your participation. gSpot makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Website nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties. gSpot reserves the right to monitor the location from which you access the Website and to block access from any jurisdiction in which participation is illegal or restricted. gSpot may require any participant receiving any prize to provide the Website with proof that he or she is eligible to participate. It is the policy of gSpot, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Website in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
Acknowledgment of Proprietary RightsBy registering for an account and/or participating in any tournament offered on the Website, you acknowledge that all information contained on the Website may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by gSpot. You may not modify, publish, or create derivative works from, or in any way exploit this information.
Your ResponsibilityRegistering for an account and/or participating in any tournament offered on this Website signifies your knowledge, understanding and full and unconditional acceptance of this agreement, in its most current version. gSpot may modify these Terms and Conditions at any time; your continued use of the Site following such modifications signifies your acceptance of all those modifications. You are solely responsible periodically reviewing gSpot's Terms and Conditions for any such modifications.
SECTION TWO: MESSAGE BOARD
User ConductYOU understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (" Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that YOU, and not gSpot, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. gSpot! does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. YOU understand that by using the Service, YOU may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will gSpot be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a gSpot official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
YOU understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by gSpot and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
International UseRecognizing the global nature of the Internet, YOU agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, YOU agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Submitted ContentgSpot does not claim ownership of Content YOU submit or make available for inclusion on the Service. However, with respect to Content YOU submit or make available for inclusion on publicly accessible areas of the Service, YOU grant gSpot the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content YOU submit or make available for inclusion on publicly accessible areas of this Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific gSpot Service to which such Content was submitted or made available. This license exists only for as long as YOU elect to continue to include such Content on the Service and will terminate at the time YOU remove or gSpot removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as YOU elect to continue to include such Content on the Service and will terminate at the time you remove or gSpot removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video YOU submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of this Website that are intended by gSpot to be available to the general public. By way of example, publicly accessible areas of the Service would include gSpot's Message Boards that are open to both members and visitors. However, publicly accessible areas of the Service would not include your user account, or other areas off of this Website such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by gSpot!.
SECTION THREE: GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL