SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in writing on the Site (collectively, the "Terms and Conditions") are by and between MGTPlay.com (each, "the Site," "MGT Play", "us," or "we") and everyone who uses the Site (each, "you," "user," or "player"). By using the Site, creating an account, and/or participating in any tournament or service offered on the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. The Site may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically for any such modifications.
The Terms and Conditions constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms and Conditions, which will otherwise remain in full force and effect.
1.2 Governing Law and Disputes
The Terms and Conditions will be governed and construed in accordance with the laws of the State of New York, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any tournament offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in the City of New York in the State of New York, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement; Assignment
The Terms and Conditions constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of the Terms and Conditions and posting such modifications on the Site.
We reserve the right to assign these Terms and Conditions and to assign or subcontract any or all of our rights and obligations under these Terms and Conditions. You may not without our written consent assign or dispose of your account or these Terms and Conditions.
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1.1 United States.
To be eligible to register and open an account and/or participate in any tournament offered on the Site, you must: (a) be a natural person at least 18 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be a legal resident of the United States with a U.S. address and currently residing at the address in an eligible location; (c) be physically located within the U.S.; (d) be physically located in a U.S. state in which participation in the tournament you select on the Site is unrestricted by law; and (e) at all times abide by the Terms and Conditions. By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws; the Site DOES NOT offer games requiring a cash entry fee ("Cash Competitions") to users accessing the Site from the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, Nebraska, New Mexico, South Carolina, South Dakota, Tennessee, and Washington. Additionally, the Site (a) DOES NOT offer card game Cash Competitions if you reside in, or access the Site from, Indiana or Maine, and (b) DOES NOT offer Cash Competitions to users under the age of 19 residing in Alabama, or under the age of 21 residing in Mississippi. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament offered on the Site while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the Terms and Conditions and subject to having your account suspended or terminated. In addition, and without limiting any rights or remedies available to the Site, in the event of any violation of the Terms and Conditions, all winnings (if any) may be voided, and in the event such winnings have already been withdrawn by you, recouped by the Site, at the sole and absolute discretion of the Site.
To be eligible to register and open an account and/or participate in any tournament offered on the Site, you must: (a) be a natural person at least 18 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be physically located in a jurisdiction in which participation in the tournament you select on the Site is unrestricted by law; and (c) at all times abide by the Terms and Conditions. By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.1.3 Additional Representations.
You further represent that: (a) you are not a licensed bookmaker or a bookmaker’s agent and you do not conduct a business of negotiating or receiving bets; (b) you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you; (c) you are not bankrupt; (d) you understand that you may lose money that you may pay to play a skill game and accept that you are fully responsible for any such loss; (e) you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, and (f) you will not allow anyone else to use your login details or give them to anyone else. You acknowledge that MGT Play may reject an account registration for any reason or no reason in its sole discretion.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.3 Legality and Taxes
You are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. Access to the Site may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, express or implied, as to the lawfulness of your accessing the Site or participating in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
The Site reserves the right (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted. For example, Cash Competitions in card games are not offered if you access the Site from Indiana or Maine. The Site may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject tournament was played, eligible to participate according to the Terms and Conditions. Without limiting any contrary provision of the Terms and Conditions, if the Site monitors your access or participation on the Site, the Site shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any tournament or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless the Site for any liability, claims, and damages (including attorneys' fees) arising out of or related to your violation of the Terms and Conditions.
It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, the Site may send an IRS Form 1099-MISC or other appropriate form to any person who wins in excess of $600 (USD) on the Site (net winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, the Site may also send you W-9 and/or additional tax forms. We reserve the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. But you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site 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 the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial in-home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
2.5 Promotional Activities
By registering for an account, you agree that the Site may display your username and tournament records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate aliases as the Site deems fit. You may choose to play games on the Site without ever depositing money into your account (a "Non-Cash Player"). Upon establishing a positive Site account balance for entry fee tournaments, you are required to submit and maintain at all times the following current and correct information: full name, permanent residential address, phone number and such other information as we may provide from time to time (becoming a "Cash Player"). Please note that for every credit card deposit made, an authorization request in the amount of at least $10 will be applied to your credit limit, even if the actual amount charged may be lower. In addition, if your total winnings on the Site in any given year reach $600 (net winnings less entry fees), the Site will request that you submit your social security number in order to send you an IRS Form 1099-MISC, or other appropriate form, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time, or failure to complete any other tax documentation may result in tax withholding and/or the Site's inability to credit your account for any winnings in excess of $600. Each time you login wishing to participate in a Cash Competition, you need to confirm the location from which you are playing.
2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of the Site or to enforce the Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. MGT Play utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all seven (7) types of MGT Play e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament- or game play- related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences under the My Account section of the Site.
2.10 Recommended System Configuration
The tournaments offered on the Site will function best if your computer meets/exceeds the minimum system requirements. See the Technical Support, System Compatibility section of the FAQ. As set forth in Section 4 of these Terms and Conditions, the Site shall not be held liable for damage that occurs or issues that are encountered if user's computer does not meet the minimum system requirements.
2.11 Message Board, Support Tickets, and eMessage Policy
Rules of Conduct:
- The Site reserves the right to temporarily or permanently ban users who violate these rules of conduct or who in any way abuse the community purpose of the message board areas, as determined by the Site in its sole and absolute discretion.
- The Site reserves the right to remove any post for any reason or no reason.
- You must be at least 18 years old to participate in any part on the Site.
- Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
- Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by the Site in its sole and absolute discretion, will not be tolerated.
- Site usernames will be displayed as 'Your Name'; impersonating other players is not allowed.
- Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
- Please limit posting on message boards or the Site to the subject of the Site's games, message board or site content.
- Advertising or promotion of any kind, including without limitation other companies or URLs, is NOT allowed.
- Do not share personal information (your name, phone number, home address, and password) with others on the site.
- No patented, copyrighted or trademarked materials are allowed in messages.
- Information disclosed in the Site chat rooms, message boards, or via eMessages becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.
- Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
You 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 us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the games. We do not control Content posted on our Site in relation to the games by third parties, and as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by playing the games, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we 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 in relation to the games.
You agree not to:
2.13 Anti-Spam Policy
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- use the games to harm minors in any way;
- use the games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the games;
- remove any proprietary notices from the games;
- cause, permit or authorize the modification, creation of derivative works, or translation of the games without our prior express written permission;
- use the games for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted in these Terms;
- use the Games for fraudulent or abusive purposes;
- attempt to decompile, reverse engineer, disassemble or hack the games, or to defeat or overcome any encryption technology or security measures implemented by us with respect to the games and/or data transmitted, processed or stored by us;
- harvest or collect any information about or regarding other members or member’s accounts, including, but not limited to any personal information;
- 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);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- 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;
- 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the games are able to type, or otherwise act in a manner that negatively affects other users' ability to compete in games or engage in real time exchanges;
- interfere with or disrupt the games or servers or networks connected to the games, or disobey any requirements, procedures, policies or regulations of networks connected to the games;
- use the games to intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
- use the games to "stalk" or otherwise harass another.
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings (if any) may be voided at the sole discretion of the Site. The Site defines "Spam" as:
- Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
- Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);
The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
- Account Suspension: Upon the receipt of a credible and validated complaint, the Site may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.
- Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings.
If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: firstname.lastname@example.org Please refer responsibly!
2.14 Limitations on Participation
You may establish only one account per person, and only up to two accounts per computer or IP or physical address, to participate in the activities offered on the Site. The Site reserves the right to monitor all activities on the Site, including without limitation, any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person or more than two accounts per computer or address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and MGT Play may void any associated winnings. The Site also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site may also impose limitations on the net dollar amount you may lose or win on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site may be restricted until the beginning of the next calendar month. The Site reserves the right to change these dollar amount limitations at any time in the Site's sole and absolute discretion. A dormant account means any account that has been inactive for greater than one-hundred eighty (180) days.
2.15 Fraud and Abuse
The Site strictly prohibits user fraud and abuse relating to the access and use of the Site. In accessing the Site or participating in any activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations and the Terms and Conditions and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in the Site's sole and absolute discretion, as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of poker software or programs), intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players, the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the Site, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you shall be subject to immediate sanction (as determined by the Site in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Site access; (2) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; (3) any prizes, winnings and representative of value already received by you shall be subject to disgorgement and/or recoupment by the Site; and (4) in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed. Federal legislation. Without in any way limiting any provision of the Terms and Conditions, the Site expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right report you and such abuse to any and all relevant regulatory authorities or governmental agencies.
2.16 Account Maintenance Fee
An inactive Cash Player account is any account in which the user has not logged in or played any games (money or free) in six consecutive months. For any inactive Cash Player account that is inactive, the Site reserves the right to assess a maintenance fee of $3.00 per month ("Monthly Maintenance Fee"). Please note that the Monthly Maintenance Fee is a real charge on your account's cash balance. The Monthly Maintenance Fee is only applicable to the funds that are in the player's account. If the account's cash balance reaches $0 (zero dollars), the Monthly Maintenance Fee will be suspended. On the fifth month of inactivity, the Site will notify account owners via e-mail of their inactivity and the imposition of the Monthly Maintenance Fee.
2.17 Withdrawal Requests
Cash Players may request a withdrawal of funds from their available account balance at any time. Processing of requested funds back to a credit card or PayPal account may take up to seven (7) business days; provided, however, the Site reserves the right to freeze a user's account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse by a user requesting withdrawal of funds. All withdrawal of funds shall be subject to the Site's remedies and sanctions set forth in Section 2.15.
Users are required to actively claim any check produced by a request for withdrawal of funds from their account. The Site reserves the right to assess a check request processing fee of $1.75 for any check request less than $20.00. Users may combine several checks that are less than $20.00 to produce a check greater than $20.00 for purposes of waiving the $1.75 check processing fee. Subject to MGT Play's funds availability confirmation process, check requests are systematically processed twice per month on the 15th and last day of the month, with checks generally mailed by the Site's accounting department within 2 weeks of the processing date.
Please note that any such checks not claimed within thirty (30) days from the date of the check will become void and the amount of the check will then be re-deposited back to your account on the Site.
If a player's account is closed by the Site for a violation of the Terms and Conditions, that player's winnings may be voided and not returned to that player. In such an event, the Site, in its sole discretion, may use these winnings to defray the costs of administration and enforcement of the Terms and Conditions or allocate such monies to secondary tournaments.
2.18 Account Deactivation for Non-Cash Players
An inactive Non-Cash Player account is any account in which the user has not logged in or played any games in six (6) consecutive months (or such shorter time as MGT Play may announce in advance from time to time by sending written notice to the applicable Non-Cash Player(s) using the contact information associated with the inactive account). The Site reserves the right to deactivate any inactive account without notice. If your account is deactivated in this manner, you may be contacted by the Site to encourage you to revisit the Site. If you visit the Site after your account is deactivated, you may be required to open a new account in order to play games on the Site.
SECTION THREE - DISCLOSURES
3.1 Odds and Prizes
Account holders will have the opportunity to participate in tournaments against other players. The results of all tournaments offered on the Site depend on the number of the players participating in such tournaments and the skill of the players in such tournaments; precise odds of winning are therefore unavailable. The skill level of participants ranges from 1 to 10, with skill level 1-4 corresponding to “1 star”, 5-7 corresponding to “2 stars” and 8-10 to “3 stars”. Each game win and loss, as well as your scores in comparision to the overall high scores on the site affect a user’s skill level. Your current skill level can be viewed on your My Profile page.
Prizes are generally cash amounts, which are deposited directly into winners' accounts. The anticipated cash value of prizes offered in "Limited Entry tournaments" (i.e., tournaments with a designated maximum number of players) will be disclosed at the beginning of each Limited Entry tournament. The prize pool for each Limited Entry tournament is based on the number of actual players in a Limited Entry tournament. The cash value of prizes disclosed prior to the start of a Limited Entry tournament is based on the maximum number of players participating in the Limited Entry tournament. Winners of Limited Entry tournaments will be paid a pre-determined percentage of the prize pool based on the player's ranking at the close of the Limited Entry tournament. In the event a Limited Entry tournament closes before the maximum number of players is achieved, (i) each winner will receive a percentage of the prize pool based on their final ranking at the close of the tournament, which may differ from the anticipated cash values disclosed prior to the start of the Limited Entry tournament; and (ii) MGT Play may reduce the number of winners to reflect the number of players that actually participated in the Limited Entry tournament. In addition, in the event only one (1) player participates in a Limited Entry tournament, the Limited Entry tournament will be cancelled and any entry fee paid by the player will be refunded to the player's account. If a Limited Entry tournament has to close prematurely for maintenance or technical problems, the prize for the tournament may still be paid (if the tournament is largely completed) or the tournament will be cancelled and entry fees refunded, in each case at the sole discretion of MGT Play. Except where otherwise noted, in all tournaments with actual cash entry fees, the Site retains a predetermined portion of the aggregate total as a management fee and/or tournament hosting fee.
Any amounts that are mistakenly credited as winnings to your account remain the property of MGT Play and will be transferred from your account upon the error being discovered. Any winnings mistakenly credited to your account yet withdrawn will constitute a debt owed by you to us in the amount of such wrongly attributed winnings.
3.2 Winners Lists
A preliminary list of winners will be posted on the Site immediately following each tournament, except in the case of tournaments with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential Abuse. Final winners will be posted following completion of the applicable tournament.
3.3 Determination of Winners
The results and winners of each tournament offered on the Site will be determined by the Site, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.
3.4 Game Rules
Rules for each specific tournament offered on the Site can be found by clicking on the information page for each game.
SECTION FOUR - LIMITATION OF LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OFFERED ON THE SITE, YOU AGREE THAT: (1) THE SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2)THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) THE SITE IS NOT LIABLE OR RESPONSIBLE FOR LOSSES DUE TO VIOLATIONS OF THE TERMS AND CONDITIONS BY OTHER PLAYERS; AND (4) THE SITE HAS NO RESPONSIBILITY TO ENFORCE THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, refund the entry fee charged for that unfinished tournament entry only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament.
Without limiting the preceding clauses, during any period of twelve months, MGT Play’s maximum liability under these terms and conditions (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of (a) $5.00, or (b) an amount equal to the sums you have paid into your account during the relevant period of twelve months, regardless of the cause or form of action.
4.2 No Warranty
THIS SITE ITSELF, AND ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Credit Card/PayPal Use
You agree that the Site is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Site.
Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.
4.4 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
4.5 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with the Terms and Conditions, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
4.6 Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or tournament type (e.g. Unlimited Entry), or modify your level or rank for any reason, including but not limited to any Abuse (see Section 2.14) by you.
By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of Abuse.
If applicable, all charged monies (deposits), less entry fees and withdrawals, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.
Last Updated: February 26, 2014
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