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PlayJam.com Terms & Conditions
1. THE SERVICE
PlayJam.com (the "Service") is an Internet Games Service operated by Static2358 Ltd. The Games Service provides its Users (“User” or “You”) with the ability to play Games (“Service Products” or “Games”) and to participate in competitions with other Users to win prizes. The Games (except for the ‘Fun & Social’ Games) are, in fact, games of pure skill (“Skill Game”) and there is no chance element to them. Thus, when participating in a competition with other Users it is your speed and skill in playing the Game that is assessed against other Users, and the winner will be the Users who, through skill and judgment, scores the most points in the relevant Game. You should familiarise yourself with each Game, by reading the rules and instructions before you play. The ‘Fun & Social’ category of Games contains games of chance that can only be played for free and no prizes can be won when playing these Games. PlayJam is not an internet service provider. To play the Games, you must have internet access and the skills required for web usage. By using The Service You acknowledge and agree that You have read, understood and agreed to the following terms and conditions of use ("Terms and Conditions of Use"). If You do not agree to these Terms and Conditions of Use, You should exit the service.2. SERVICE PRODUCTS AND PRICES
‘Fun & Social’ Games are free to play. You are not required to be a registered member of the Service to use them. The Games of Skill require You to pay to play (“Pay & Play Games”). There are two types of payment, which are offered on a game by game basis: (i) a fixed entry fee or (ii) Game Credits. A fixed entry fee allows You to enter a competition once. Each time You wish to enter the competition You must pay the fixed entry fee. A single Game Credit gives You one complete play through of a game. Game Credits can be purchased individually or in a bundle at a reduced rate. You must be a member of PlayJam.com and have registered a credit or debit card with us in order to purchase Pay & Play games.3. USE OF THE SERVICE
You acknowledge that our Service and any Service Products are provided for Your personal use in accordance with these Terms and Conditions of Use. You agree to follow our instructions concerning Your use of the Service. You agree not to use the Service or the content in any way which may interrupt, damage, reduce the efficiency of the Service. PLAYJAM reserves the right to amend these Terms and Conditions of Use from time to time. Any alteration or addition to these Terms and Conditions of Use shall take effect immediately once posted on help.PLAYJAM.com. Any continued use or access to content after such publication means that You will be deemed to have accepted such changes. PLAYJAM reserves the right to change the cost of the content from time to time. Any alteration or addition to the cost shall take effect immediately once posted on help.PLAYJAM.com. Any continued access to content after such publication means that You will be deemed to have accepted such changes.4. ACCOUNT REGISTRATION
Create an account to benefit from a range of free and paid for Service Products available on the site service. There are two types of account: (i) Non Cash Account, (ii) Cash Account . With a Non Cash Account You can play Fun & Social Games and make use of free functionality available on the service. You cannot play Pay & Play Games. When You register for a Non Cash Account You are required to submit the following information: Your first and last name, date of birth and Email address. A Cash Account is required to play Pay & Play Games. You must register the details of Your credit or debit card with PLAYJAM. You will then be given the option to transfer an amount of money into your PLAYJAM Cash Account. Payments for Fixed Entry Fees and Game Credits will be taken from Your account. Money or Game Credits won in Pay & Play competitions will also be paid into your account. Additional bonus credits may also be paid into your account at PLAYJAM’s discretion. When You register for a Cash Account You are required to submit the following information: first and last name, date of birth, a four digit PIN number, contact telephone number, billing address an alias that will be your username, a password and your e-mail address credit card or other payment information (becoming a "Cash Player").When registering for an account with PLAYJAM You warrant that: ·
- You are at least eighteen (18) years of age. If You are under 18 years of age or do not have full legal capacity to act on Your own account, You must have the permission of Your parents or a guardian before (i) adhering to the Terms and Conditions of Use, (ii) registering, (iii) using the Service and/or (iv) purchasing Service Product(s). By Your continuing use of the Service, You are confirming that You have received the consent of Your parents or Your guardian for any of Your uses of the Service as well as for any purchase of Service Products and that You have discussed these Terms and Conditions of Use with Your parents or Your guardian before registering;
- You are able to enter into a legally binding agreement with us;
- You will not use the games service while you are located in a country or jurisdiction that does not allow you to play the Games (if you are not sure, you should check before you play any of the games for money);
- 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;
- You are not bankrupt;
- You agree that any information You provide us about Yourself at any time will be true, accurate, current and complete and that You will ensure that this information is kept accurate and up to date. A User shall report promptly any change made in the information submitted to PLAYJAM, such as address, e-mail address, credit card information, etc. by phoning PLAYJAM’s toll free customer service number, 1-800-809-0172. If incorrect information is supplied by a User, any contractual obligation of PLAYJAM is immediately null and void and PLAYJAM has the right to terminate the account(s) of the said User. PLAYJAM refuses to accept any responsibility for any loss to a User of the Service arising from his/her failure to report such changes.
PLAYJAM reserves the right to refuse, at its own discretion, the purchase of Service Product(s) or the use of or access to the Service to an applicant for registration without notice in any of the following cases:
- The applicant has been found to have breached the Terms and Conditions of Use and/or to infringe, or are in PLAYJAM’s view likely to infringe, intellectual property rights or had his/her approval of use withdrawn at some point in the past (including the time when the application was made).
- The applicant has included false or erroneous information (including spoofing) or omitted information in his/her application.
- The applicant has been shown to have neglected payments in the past or seems presently to be in financial difficulties.
- At the time of application, any of the credit card companies designated by PLAYJAM as acceptable for the settlement of bills (hereinafter “Credit Card Companies”) did not recognize use of a credit card by the applicant on the grounds that his/her contract had been terminated or membership revoked.
- The name of the applicant is found to be different to the name on the credit card whose details were supplied by the applicant at the time of application, where the credit card was issued by one of the Credit Card Companies.
- The applicant is found to be either underage, under guardianship, or unable to act on his own account who has not obtained the approval of the designated proxy or custodian in submitting the application.
- For any other reason PLAYJAM judges the applicant to be unsuitable for membership.
Without prejudice to any of its other rights, even when an application has been approved, PLAYJAM reserves the right to (i) terminate agreement(s) with the relevant User(s) and/or (ii) close the account(s) of users and/or (iii) withdraw approval from an applicant whose application is later found to correspond to any of the circumstances described in the previous paragraph. Usage fees and all other liabilities due in relation to the Service Product(s) by the applicant, during the period of time between application and decision making by PLAYJAM to cancel the application for registration due to reasons itemized in the foregoing articles or for any other reason, shall be paid by the said applicant. Based on this provision, PLAYJAM may, without notifying the User, transfer all or some of the rights to claim payment (including overdue interest) from a User to the Credit Card Company that this User uses or declared to use to conduct payments.
A person may open only one Account, and it must be funded only by that person. PLAYJAM reserves the right to assess compliance with this requirement by checking for unique email addresses, real world addresses, credit card number and/or any other payment forms used to establish an Account.
If any Member is discovered to have breached this requirement, PLAYJAM reserves the right to close the relevant Account and consolidate all or part of the funds in any additional Accounts into the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any withdrawal requests that have been paid on the additional Accounts. All winnings will be forfeited. Furthermore, PLAYJAM has the right to deduct its reasonable transactions costs of doing this from the amounts being transferred to the original Account.
Continued breach may, at our discretion, result in the termination of all the relevant persons Accounts and banning from the Games and the Games Service. PLAYJAM reserves the right to terminate all affected Accounts if we conclude, acting reasonably, that more than one of such Accounts is being operated by, or is under the control of, a single person.
PLAYJAM will not be liable to you for any loss that you may incur as a result of an unauthorized person accessing your Account and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise. As is usual, it is for you to ensure that your Accounts Password is kept completely secret.
By opening an Account, you agree to allow us access to your Account to investigate complaints and/or other allegations of abuse.
At the termination of an Account, a sum equal to the remaining amount of funds that may be withdrawn in the Account will be returned to you once you have (a) proved your identity and (b) confirmed your email address to us, to our reasonable satisfaction. Deposits of funds made in the Account, less any withdrawals that have been made on the Account, will only be credited to a PayPal account that is registered in your name.
Where we have a serious and reasonable suspicion of fraudulent activity on an Account, we reserve the right to withhold the payment of withdrawable funds to a Member until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.
You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.
All deposits that you make with us from time to time shall be kept separate and distinct from the funds of ours and shall be managed and administered by any one of our companies.
4.1 Account Termination
If no transaction has been recorded on your Account for thirty months, PLAYJAM will pay the balance in your Account to you. If we are unable to locate you we reserve the right to donate such funds to a registered charity of our choice. Our employees, investors and subsidiary companies are allowed to take part in tournaments for the purpose of testing the user experience, but may not withdraw money or prizes for themselves.4.2 Bonus offers & Promotions
On registration and at other times when you make a deposit, we may grant your Account with additional bonus funds (“Bonus Funds”) as part of a promotional offer. Bonus Funds can be used to play our Games but cannot be withdrawn. We reserve the right to refuse to accept any promotional offers that we make to you and to withdraw them at any time. Any promotional offer that we make is subject to change by us at any time. Any additional terms and conditions that apply to a promotional offer will be displayed beneath it. By accepting a promotional offer and/or making use of a promotional offer, you are confirming that you agree to its terms and conditions. Bonuses are not available to residents of the U.S.A, Canada or Malta.4.3 Account management fees
Each withdrawal from your Account will incur a processing fee of up to £2 per request. If an Account balance (excluding any non-withdrawable funds) is lower than the withdrawal processing fee, the withdrawal request will not be completed. We may add new or ancillary services from time to time which require the payment of fees either to us or a nominated third party on terms which will be provided to you at the time. Users 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 5 business days. Users are required to actively claim any check produced by a request for withdrawal of funds from their account. The Service reserves the right to assess a check request processing fee of £1.75 for any check request less than £10.00. Users may combine several checks that are less than £10.00 to produce a check greater than £10.00 for purposes of waiving the £1.75 check processing fee. Check requests are systematically processed by the Service 's accounting department approximately twice per month, with checks generally mailed on the 5th and 20th of each month (or the next business day following those dates, if the 5th or 20th fall on a weekend or holiday), provided the withdrawal request was made with a reasonable amount of notice (with the check being deferred until the next processing cycle if sufficient notice was not given). 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.4.4 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 consecutive months. For any inactive Non-Cash Player account that is inactive, the Site reserves the right to deactivate the account. 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.4.5 Unallocated Member Funds
From time to time, we will hold funds which are not allocated to Members. This may occur for a number of reasons including where a Member’s winnings are forfeited, or if we are unable to place funds in an Account because it has already been closed by a Member. We may use these funds for a variety of purposes including using them for “Freeroll tournaments” (these are free entry prize tournaments which are open to all Gold Players with qualifying skill rankings), donations to registered charities, developing and improving the Games and Games Service or anything else that we believe appropriate.5. ELECTRONIC SERVICES PROVIDER
In order to use the Services, You will be required to send money to and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions then these Agreements shall prevail.6. CREDIT CARD USE
You agree that the Service 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 Service. Any attempt to defraud the Service 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. The Service may impose 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 amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the games offered on the Game Service will be restricted until the beginning of the next calendar month. The Game Service reserves the right to change these dollar amount limitations at any time. The Game Service reserves the right to set expiration dates or other limits on all Game Credits. The Game Service reserves the right to expire the Game Credits balance of any dormant account. Game Credits is defined as any credit deposited by PlayJam into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits, prize credits, and gift credits. A dormant account shall be defined as any account that has been inactive for greater than 180 days.7. DELIVERY POLICY
The Service Products are non-tangible electronic goods that are transmitted via electronically directly to your Personal Computer (“PC”) receiver. Once Your registration details have been authenticated and payment has been taken from Your credit card the Product will be delivered to Your receiver instantaneously.8. REFUNDS, RETURNS AND CANCELLATION POLICY
Due to the non-tangible nature of the Service Products, they cannot be returned. If the Service Product has been delivered, it is deemed to be accepted and no cancellation of payment can take place. A successful delivery is deemed to be any order shown as dispatched on our systems and any order that has arrived on a customer's receiver. No refunds can be given when an order has been delivered using the above description of delivery as the product cannot be returned. As a customer You are responsible for understanding this upon making a purchase. However, PLAYJAM realizes that exceptional circumstance can take place. We may honour requests for a refund for the following reasons: · The purchase has been erroneously initiated through a fault at our end. · You experience download issues whilst the product is being transferred to Your PC; · Unexpected errors may occur although all the products are thoroughly tested before release. Refunds will be given at PLAYJAM’s sole discretion. PLAYJAM’s decision in such matters will be final and binding. Requests for refunds should be made to PlayJam customer services on 1-800-809-0172.9. OPERATION OF GAMES
We have the right to withdraw or modify one or more Games or aspects of the Games where we have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the Games, and (b) technical difficulties experienced by us or on the Internet. There may also be times when the Games become unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Games.10. ABUSE OF GAMES
Members may not use unfair methods to play the Games. Any technique which allows a Member to use anything other than pure skill in the conduct of a Game is unfair for these purposes. Such techniques may include, but are not limited to, multiple Accounts (see Clause 6 above), the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another Member, or deliberately losing Games for the purpose of getting a competitive advantage. Further, Members must not do anything that may cause a disruption or malfunction of the Games.11. SERVICE AVAILABILITY
You recognize that the Service may, from time to time, be adversely affected by events outside PLAYJAM's control. PLAYJAM will make all reasonable endeavors to ensure the uninterrupted and timely supply of the Service Products and will take all reasonable steps at PLAYJAM's expense to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the Service Products. PLAYJAM will use all reasonable endeavors to ensure that this Service is fully operational at all times. However, we cannot guarantee that the Service will at all times be fault free and accessible. In particular access to this Service may be interrupted or restricted, for instance, to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.12. LEGALITY
We may monitor the location from which you appear to access the Games and, may use techniques which are intended to block access from any location in which participation in the Games may be illegal or restricted as we may determine in our sole and absolute discretion from time to time. Accordingly, we may require a Member receiving any prize to provide proof that he or she is eligible to participate and if we determine in our sole and absolute discretion that you are not eligible, we may refuse to award the prize. You must comply with the laws which apply to you in the location you access the Games from. If any laws applicable to you restrict or prohibit your participation in the Games, then you must comply with those legal restrictions. Prohibited US states - Cash Games: If you live in the following states you are not eligible to play cash Games: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee and Vermont. Prohibited Cash Games in other territories: Due to local regulatory and or governmental constraints, customers who live in Australia and China are not permitted to use the paid-for services or cash games. These terms and conditions and the PLAYJAM website are governed by English law. Disputes can be dealt with by the English courts. If there is a dispute regarding an entry or eligibility for a Prize or claim, or any other matter, the decision of PLAYJAM will be final and binding. The relationship between PLAYJAM and the Player(s), as well as this agreement, is governed by and construed in accordance with the laws of England and Wales and whose courts shall be the courts of jurisdiction.13. INDEMNITY
You agree to indemnify, defend and hold PLAYJAM and all of its affiliates, partners including broadcast partners, as well as associate companies, their directors, employees, information providers, licensors and licensees, officers and partners (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms and Conditions of Use. You will co-operate, at Your costs, as fully as required by PLAYJAM in the defense of any claim. PLAYJAM reserves the right to assume the exclusive defense and control of any matter at Your costs and You shall not in any event settle any matter without the prior written consent of PLAYJAM.14. LIMITATION OF LIABILITY
PLAYJAM shall only be liable for damages due to intent or gross negligence. To the fullest extent permitted by applicable laws, neither PLAYJAM nor any of its respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the service products in and/or facilities or services offered through the services, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if PLAYJAM has been advised of the possibility of such loss or damages or such loss were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to applicable laws, then in no event shall PLAYJAM’s total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the service. PLAYJAM accepts no liability for the temporary non-availability of its service, loss, late receipt of any transmission, or other communications. PLAYJAM will not be liable to You in any way for failures, defects or delays in the delivery of Service Products which are caused by one or more of the following reasons: · Your receiver is not able to receive the content; · You accidentally erase the product by switching off your receiver at the mains. PLAYJAM will endeavor to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by: · Failure, interruption or delays to the Service caused by events outside our reasonable control or caused by any restrictions imposed by Your service provider on Your use of premium rate services; · Your negligence or Your failure to follow our reasonable instructions or the terms of this contract; · Us or our employees or agents in circumstances where: o there is no breach of a contractual obligation or legal duty of care owed to You by us or our employees or agents; such loss or damage is not a reasonably foreseeable result of any breach; o such loss or damage results from any breach by You of this contract PLAYJAM will not be liable to You in any way whatsoever for the content delivered, the use of the content is at Your own risk.15. DISCLAIMER
The service and its contents are provided without any representations or warranties of any kind, either express or implied. PLAYJAM both disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, PlayJam does not represent or warrant that the information and/or facilities accessible via the service are accurate, complete or current, or that the service will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this service assumes all costs arising as a result of the use of the service.16. AMENDING THESE TERMS AND CONDITIONS OF USE; ALTERATIONS TO THE SERVICE AND SERVICE PRODUCTS
From time to time PLAYJAM may be required to amend these Terms and Conditions of Use, the Service and the Service Products and reserve such right. Any changes to these Terms and Conditions of Use or any terms shown on the Service or any sub-site hereof, apply as soon as they are accessible on the Internet/UMS website. By continuing to use the Service, and/or by buying Service Products, after any of the above changes are put in place and accessible, You will be deemed to have accepted any of these changes.PLAYJAM may, at its own discretion, add, change, discontinue, remove or suspend any other content displayed on the Service, including the Service Product(s), features and specifications of products and services described or depicted on the Service, temporarily or permanently, at any time, without notice and without liability, unless otherwise envisaged in these Terms and Conditions of Use. PLAYJAM also reserves the right to change, at its own discretion, the format of the Service Product(s) including the delivery method.
These terms & conditions were last updated on July 17, 2009
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, Jul 24 2009, 7:29 AM EDT
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