TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“Terms”) and the website and services (collectively, the “Website”), and any all content, materials, features, or functionality provided hereon are made available by Holding Gaming, Inc. (“We,” “Us,” “Our,” or “Company”). These Terms govern your use of the Website and the services made available on the Website (the “Services”), whether as a registered user or as a guest.
Please read the following Terms carefully before using the Website or the Services. By using and/or accessing the Website or the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If at any time you do not agree with these Terms, or do not find the below Terms to be reasonable, you may not access or otherwise use the Website or the Services.
All policies regarding the Website are incorporated into, and form a part of, these Terms by reference.
ACCEPTANCE AND APPLICATION OF TERMS
Acceptance of Terms: Unless otherwise agreed in writing, these Terms apply to your access to and use of the Website and the Services. The Website and Services, including all content, images, text, audio, code, subpages, subdomains, user pages, and any and all other material it may contain or provide, is owned, operated, and provided by the Company. By using or otherwise accessing the Website or the Services, or clicking to accept or agree to these Terms as provided by the Website, you explicitly agree to be bound by these Terms and each of the provisions contained herein. If you do not agree to these Terms, then you may not access or use the Website or the Services. You may not access or use the Website or the Services if you do not accept the Terms. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Website and the Services.
Minimum Age / Jurisdiction: You must be at least eighteen (18) years old to access the Website and the Services. Notwithstanding, you may not access the Website or its Services if you are not of legal age to access the Website or Services in the country or jurisdiction from which you tend to access the Website or Services. You may only use the Services if you reside in a jurisdiction that permits you to access the Website and/or Services. By accessing or using the Website and our Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Website or our Services.
Application of Terms: These Terms apply to: (a) the content, materials, information, documents, graphics and images made available on or from the Website ("Content"); (b) any software that you may need to download in order to play the games on the Website ("Software"); (c) any games that you may play through the Website ("Games"); and (d) These Terms incorporate all other rules and conventions that specifically apply to individual Games. Additional rules regarding the Services may be accessible on the Website and may be updated from time to time, and if you choose to play any Games, you consent to us making arrangements for you to play such Games and/or to participate in such tournaments with an operator other than us, but otherwise in accordance with such rules.
Modification of Terms: Company may update and change these Terms from time to time, at any time without prior notice. Your access and/or use of the Website or the Services after any such change means you accept and agree to be bound by such change. You may be subsequently notified of any such changes, and it will be your sole responsibility to review and become familiar with any and all changes.
ACCOUNTS AND DEPOSITS
Suspension of Accounts: We reserve the right to suspend, disable, or terminate your Account within our sole discretion, including, without limitation, if it is determined that you are not of legal age in order to access the Website, or you have violated any of the Terms.
Access to Account: You are solely responsible for maintaining confidentiality regarding access to your Account. You are responsible for ensuring that no one else is able to make use of your Account and you shall be responsible for all transactions that take place on your Account whether or not you knew or consented to such transactions taking place.
Investigation of Account: Company reserves the right at any time to investigate your Account in order to ensure compliance with these Terms and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your Account has been involved in any illegal or improper activity, we reserve the right to terminate your Account without notice.
Closing of Accounts: If you close your Account, we will return all available funds in your Account; provided, if disable or terminate your Account based upon your violation of these Terms, funds in your Account may be forfeited as a result of your violation. In the event of any legal action due to your violation of the Terms, the funds forfeited in your Account shall be used to setoff the amount of damages due and owed as a result of your violation.
Account Maintenance Fee: If you fail to participate in a Game for a period of six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month (the “Account Maintenance Fee”). We will provide written notice to your email attached to your Account after five (5) months of inactivity alerting you that if your Account remains inactive for one (1) more month, the Account Maintenance Fee will be charged from your Account for each consecutive month thereafter that that it remains inactive. The Account Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve (12) or more consecutive months we reserve the right to close your Account. Virtual Items and Bonus Cash are not subject to deduction from your Account.
Deposits: You may deposit funds in your Account upon the providing of necessary information requested by Company. We reserve the right to place a limit on the amount of funds you may deposit at any time at a level that we may determine at our sole discretion. If any deposit is charged back or is otherwise uncollectible for any reason, any and all winnings generated from such Account from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial failed deposit will be invalidated, forfeited and deducted from the Account balance. In the event that, following such deductions, your Account balance is in a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. You expressly acknowledge and agree that, in the event of non-payment of such debt, we may assign such debt to one or more collections agencies, which shall have the legal right to pursue such assigned debt using any and all available legal remedies. Note that following the assignment of such debt to a collections agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collections agency. All deposits are final. Unless otherwise required by law, no refunds will be issued.
Refunds: All deposits are final. Unless otherwise required by law, no refunds will be issued.
Credit Cards: In order for you to make any deposits by credit card, you must be the authorized user of such credit card. You agree to immediately notify us of any changes to your credit card account number, its expiration date and/or your billing address in order to make deposits with your credit card. If your credit is cancelled or expired, you must immediately update your credit card prior to future use. We are 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 Services. Any attempt to defraud through the use of credit cards or other methods of payment, failure to honor legitimate charges or requests for payment, or any other violation of these Terms will result in immediate termination of your Account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.
Winnings: We reserve the right to request to withhold winnings from a Game until you provide us with proof that you are, or were at the time of your participation in the Game, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, the winning shall be deemed forfeited. If you receive a payment in error, we may reverse or require return of the payment and you agree to do return such payment as soon as possible. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
Taxes: We may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your winnings total $600 USD or more in any given calendar year. We may also send you additional federal or state tax forms in accordance with applicable law. We reserve the right to withhold from your existing Account balance and/or from future winnings any amount required to be withheld in accordance with applicable law, including, without limitation, amounts due in connection with your failure to complete relevant tax documentation. You agree you are solely responsible for paying all federal, state and other taxes in accordance with all applicable federal and state law.
Withdrawals: You must follow the necessary procedures provided by Company in order to request a withdrawal from your Account, and you may request a withdrawal of any amount up to the full balance of your Account. Processing of requested funds may be made by check or delivery to the payment method used to make your deposit and may take up to ninety (90) days. We may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected violation of these Terms, verification of eligibility, or to comply with applicable law. Virtual Goods and Bonus Cash cannot be withdrawn.
VIRTUAL ITEMS AND BONUS CASH
Virtual Goods: The Website may allow you to obtain, purchase or earn virtual items, including but not limited to virtual coins, tokens, trophies, or points, all for use on the Website, including, without limitation, (a) the Games; and (b) virtual products and benefits (collectively, the “Virtual Goods”). You may receive for free a certain number of Virtual Goods when you first register an Account. You may also receive for free a certain number of Virtual Goods based upon bonuses, rewards, and/or via other methods provided by Company through use and/or recommendation of the Services. Company also provides you the opportunity to purchase Virtual Goods through the Website for a fee using real money. Your purchase of any Virtual Goods is final and is not refundable, except in our sole and absolute discretion. Prices and availability of Virtual Goods are subject to change without notice.
You may also earn Virtual Goods through activities within the Website, including, without limitation, by winning Games that you play on the Website. You can use Virtual Goods to play Games, or to participate in other activities that may be offered on the Website.
Notwithstanding the foregoing, Virtual Goods have no real world value and cannot be redeemed (from us or any other party) for real money, goods or other items of monetary value, including in the event that you have unused Virtual Goods remaining in your Account at any time your Account is closed (whether by you or by us).
You also agree that you will only obtain Virtual Goods from us and not from any third party. Virtual Goods may only be obtained and held by legal residents of countries where access to and use of the Website and Services is permitted.
From time to time, as determined in our sole and absolute discretion, we may offer weekly, monthly, quarterly, and/or annual prize pool competitions based on your accumulation of Virtual Goods on the Website. Any and all rules for such prize pool competitions shall be publicly made known at the time of the competition, and we reserve the right to cancel or modify such competition, as determined in our sole discretion.
You acknowledge that you do not in fact “own” the Virtual Goods, and the amounts of any Virtual Goods do not refer to any credit balance of real points or its equivalent. By acquiring or purchasing Virtual Goods, holders thereof have obtained a limited and revocable license to a digital product for use only in the Website, including, without limitation, the Games. This license is personal to the owner of the Account, and thus Virtual Goods may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value) and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Virtual Goods are not the Account owner’s personal property and have no real world monetary or cash value. Company may revoke Virtual Goods at any time in its sole discretion. When you purchase a license from us to use Virtual Goods, the performance of our Services begins immediately once your purchase is complete. Account holders may not combine, transfer or share Virtual Goods with other Account holders.
Any attempt to transfer, sell or perform other action related to Virtual Goods in violation of these Terms may subject the Account holder to termination of his of her Account, a lifetime ban from using the Website or our other products and services, and/or legal action. We reserve the right to take any other action or additional action we deem appropriate in our sole discretion in the event we believe (in our sole discretion) that an Account holder has violated these provisions.
Bonus Cash: From time to time, as determined in our sole and absolute discretion, we may provide you bonus funds on deposits to your Account or purchases of virtual currency (“Bonus Cash”). Bonus Cash can be used to enter Games, but cannot be withdrawn or used for any other Services. When you enter a Game, your entire allotment of Bonus Cash will be spent on the Games entry fee. If Bonus Cash does not cover the Games entry fee amount, then the remainder will be covered by the funds maintained in your Account. When you win a Game, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. Bonus Cash shall be treated similarly to Virtual Items throughout the Website.
GAMES OF SKILL
Games of Skill: The Games are games of skill and winners are determined by the criteria stated in each Game’s rules.
OUR INTELLECTUAL PROPERTY RIGHTS
Ownership: All rights, title, and interest in and to the Website and/or Services, including all Content, Software (including, without limitation, software used to manifest Virtual Goods), Games, data, sponsor and endorsement information, and other matters related to the Website or its Services, now known or hereafter created, (collectively, “Website Content”) are exclusively owned by Company and its affiliates, or licensed to Company for its exclusive or non-exclusive use, and are protected under applicable copyright, trademark, patent, and other intellectual property and proprietary rights, both at common law and through registration. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works, or otherwise use any Website Content in any form, by any means, or for any purpose, without Company’s prior written consent in each instance, which may be withheld in Company’s sole discretion. Should you violate any of the Terms contained herein, Company shall prosecute you and enforce its rights to the fullest extent permitted by law. We reserve the right to remove and/or modify any or all of the Content, Software and Games provided on the Website. Other than according to these Terms, you shall acquire no rights whatsoever in and/or to the Website, the Content, Services, or the Software.
Trademarks: The trademarks, logos, service marks, and trade names (collectively, “Trademarks”) displayed on or through the Website are either common law trademarks or registered trademarks of Company and its affiliates, or other third parties. Additionally, other product, company, and/or professional names mentioned on the Website may be trademarks of their respective owners. Such Trademarks may not be used in connection with products and/or services that are not related to, associated with, or sponsored by Company or their applicable rights holders in a manner that is likely to cause consumer confusion or dilution, or that discredits, tarnishes, or disparages Company or the applicable rights holders. You acknowledge and agree that nothing contained within these Terms or on the Website shall be construed as granting you, by implication or otherwise, any license or right to use any Trademarks displayed on the Website without our, or the applicable rights holder’s, prior written consent. Any misuse of the Trademarks displayed on or through the Website is strictly prohibited.
License to Use Website / Services: You have no ownership rights in or to the Website or its Services or Website Content. Company grants you a limited, non-exclusive license to access and use the Website, Services, Software, and/or Content for your personal and non-commercial use only. No part of any material, content, or data of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and agree that this license does not grant you the ability to reproduce, distribute, assign, sublicense, sell, prepare derivative works, or conduct any other such activity related to the Website Content, except as expressly provided by these Terms. Any rights not expressly granted in these Terms are expressly reserved.
As a condition to your use of the Website and its Services, you agree not to use the Website or Services in a manner that is unlawful, prohibited by these Terms, or for any other purpose not reasonably intended or contemplated by Company. In the event it is determined your use of the Website is in a manner not consistent with these Terms, Company reserves the right, in its sole discretion, to suspend or terminate your access to the Website or Services, with or without notice, and without any obligation, to you. Such termination or suspension will not terminate or suspend these Terms as applied to your use and access of the Website. The following activities are expressly prohibited:
- Submitting false, misleading, or inaccurate personal information;
- Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Website;
Distributing software viruses, worms, spyware, adware, bugs, computer codes, or anything else that is designed to, or may, interfere with the proper function of any Software, hardware or equipment found or maintained by, or that relates to, the Website;
- Placing a disproportionate load on the Website with the purpose of denying use and/or access of the Website to other users;
- Taking any action that infringes or violates Company’s or another user’s rights (including, but no limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have toward Company or any another person;
- Reproducing, duplicating, copying, selling, distributing, trading, exploiting, or using any Website Content or any portion of the Website for any purpose not expressly permitted by these Terms;
- Running, framing, or otherwise displaying the Website Content on any website or other Website;
Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by the Website;
Attempting to gain unauthorized access to the Website through hacking, password mining, or any other means meant to interfere with the proper working of the Website;
Using Company’s Trademarks, graphics, or logos without Company’s express written consent;
Reverse engineering, disassembling, or otherwise attempting to discover the source code of the Website or any part thereof, including, without limitation, the Software;
Using or accessing the Website or its Services from any jurisdiction or territory in which any of the Website Content is illegal or impermissible; and
Modifying, adapting, translating or creating derivative works based upon the Website or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
The above list is not exhaustive, and only provides examples of prohibited activity.
USE OF YOUR INFORMATION
Use of Your Rights of Publicity: By accepting any winnings, prizes or awards, to the maximum extent permitted by law, you grant us and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes.
THIRD PARTY WEBSITES
From time to time, Company may provide links and/or be linked to third party websites (“Third Party Websites”), including, without limitation, those pertaining to goods, products, and/or other services believed beneficial to you. Company is not responsible, nor does it have any control, over the information, content, accuracy, products, services, or other materials that may or may not be provided by or through Third Party Websites, even if said Third Party Website is run or owned by one of our affiliates. Third Party Websites are not investigated, monitored or checked for accuracy or completeness. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, Company’s approval or endorsement of the Third Party Website. Company cannot and will not be held responsible for the materials and content on such Third Party Websites, or any subsequent links. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
INDEMNIFICATION / LIMITATION OF LIABILITY
Indemnification: You agree to the fullest extent permitted by law to release, indemnify, defend and hold harmless Company, and its licensors, members, parents, subsidiaries, lawyers, affiliates, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorney’s fees and costs), claims, threatened claims, demands, or actions of any kind whatsoever that may arise out of or result from (i) your use or attempted use of the Website and/or its Services; (ii) your violation of these Terms; and/or (iii) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.
Disclaimer: YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WEBSITE CONTENT PROVIDED BY OR THROUGH THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, DISPLAYABILITY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVICES, OR ANY CONTENT, FUNCTIONS OR MATERIALS PROVIDED BY OR THROUGH THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPRESS OR IMPLIED REQUIREMENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR LICENSORS, SUPPLIERS, AND AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS, USE, OR BROWSING OF THE WEBSITE OR ITS SERVICES, OR ANY DOWNLOADING OF SOFTWARE, MATERIALS, CONTENT, TEXT, IMAGES, VIDEO OR AUDIO CONTENT FROM THE WEBSITE. IF YOUR ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES AND AFFILIATES, AND SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO THE WEBSITE OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON OUR LIABILITY ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Without limiting the foregoing, you acknowledge that any and all use of the Website or Services shall be made at your own risk.
These Terms set forth the entire understanding between you and Company regarding your use of the Website and its Services. In the event that any one or more of the terms and conditions contained in these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Company's failure to insist upon strict adherence to any term contained in these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms. These Terms shall be deemed made in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida without regard to any conflict of law provisions. The parties shall make a good faith effort to resolve any actual or threatened breach of these Terms, or any other dispute arising under or in connection with these Terms, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. If such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in Broward County, Florida by binding arbitration under the administration and rules of the American Arbitration Association. Notwithstanding the foregoing mediation and arbitration provisions, in no event shall Company be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed intellectual property rights in any court(s) of competent jurisdiction located in Broward County, Florida, and through your use of the Website and its Services, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue. Company may assign, transfer, subcontract or otherwise deal with all of its rights, including those set forth herein, without notifying you or obtaining your consent. You may not assign, transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under these Terms.
If you have any questions or concerns regarding these Terms, please contact Company at email@example.com.