GameColony.com

General Terms and Conditions

GameColony.com, ('GC', 'Site') is an Internet entertainment content provider of universally popular, competitive multi-player skill-based games (Chess, Checkers, Backgammon, Gin, Cribbage, Dominoes, etc.) GameColony.com offers a peer-to-peer Internet destination where participants can play a variety of FREE skill-based games and/or can compete in fee-based Multi-player Tournaments ('GC Tournaments'). Just like in real land-based Tournaments, the players pay an entry fee for participation in online Tournament events, and may win cash prizes.

It is required that players review, accept and agree to be bound by these Terms and Conditions and recognize the decisions of the site's administrators as final, before participating in any game or tournament. These rules spell out the important aspects of eligibility, registration, tax consequences and etc. All rules, regulations, and payoffs contained herein are subject to change and revision by the management without prior written notice.

Players and site users shall periodically review Terms and Conditions posted at this Web site at a rate not less than once monthly.  PLEASE READ THEM IN THEIR ENTIRETY.

Age Restriction for fee-based Tournaments

Fee-based Tournaments are designed as entertainment services for adults and are therefore restricted to individuals of legal age. As a typical guideline for the U.S., players must be over 18 years old. However, if Player resides in Nebraska or Alabama, he/she must be at-least 19 years of age, and if in Mississippi, over 21 years old.

All Minors in their respective Jurisdiction are strictly forbidden to play fee-based games - no exceptions!

Remember: there is absolutely no cost to play GC games in our non-Tournament events.

Location Eligibility of Participants

To open an account and/or participate in any tournament offered on the Site, you must:

1. Be a natural person, fitting Age Requirements above, who is assigned to the email address submitted on your account registration form;
2. If a US citizen or resident alien - physically located in a U.S. state in which participation in the Tournaments offered on the Site is unrestricted by law, as specified below.

Note: The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site. You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable, if laws applicable to you restrict or prohibit your participation. As a guideline, in the U.S., rules governing 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, players CANNOT participate in fee-based Tournaments with prizes if they reside in the following states:

Arizona, Arkansas, Delaware, Florida, Iowa, Illinois, Kentucky, Louisiana, Maryland, Missouri, New York, South Carolina, Nevada, Ohio, Washington and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.

There is no gambling or betting or wagering at GameColony.com (see no gambling!) GameColony.com games are no different from carnival games, chess and golf tournaments or other skill-based games that have been played for cash or prizes in the offline world for hundreds of years -- we've just taken them online.

The newest US Federal legislation of September 30, 2006 -- H.R.4411 "Internet Gambling Enforcement Act of 2006" Sec. 5362 defines illegal betting or wagering as including "the purchase of a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance)".

The outcome of all GameColony.com games is based predominantly upon the players' skill, not chance. This is in sharp contrast to lotteries or bingo games typically found in casinos, where every player ultimately faces the same random odds. Even with games where chance has some role in the outcome of the contest, such as solitaire, GameColony.com has engineered its games such that the outcome is predominantly based on the player's skill. For example, in arcade-style multi-player tournaments GameColony.com levels the playing field by providing each player within the tournament with an equally difficult hand of cards, so the winner is ultimately determined by how quickly and skillfully each player approaches the game. While every GameColony solitaire hand is potentially solvable if a player plays their cards right, a player ultimately wins a tournament by outscoring their opponent, whether or not they solve their hand.

Although the distinctions between skill-based games and games of chance are clear, there are a few states within the U.S. that have not yet permitted skill-based games to be played for cash or prizes. For those states, GameColony games can be played, but only on a free basis without cash or prize offerings.

At GameColony.com - ALL our Prizes are determined by the number of participants and the amount of any fees paid by those participants. At GameColony.com - appropriate data security standards and age and location verification requirements are in place and were designed intentionally to block access to minors and persons located out of States that specifically dissalow Games of Skill [as listed in this document]; and to prevent unauthorized access by any person whose age and current location has not been verified in accordance with such State's law or regulations.

Fraudulent Registration

Any player attempting a fraudulent registration, will be disqualified from play, denied prize-winnings, and if warranted, reported to the authorities.

Full Assumption of Risk of Loss and Indemnification

Players who choose to enter fee-based Tournaments do so at their own discretion and risk. As in any money-based game, there is the risk of loss of money. Player fully understands that he/she can elect to play free games that are also available on GameColony.com

Player shall not participate in fee-based Tournaments (nor accept any Prize) if Player does not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and that such rules, regulations, terms and conditions may change from time-to-time.

By using GameColony.com server and software, Players agree to be bound by the following:

• Player is at least the age of legal majority in the jurisdiction in which Player resides.
• Player understands that Player may play GC games FREE, or participate in fee-based Tournaments.
• Player does not find our games or fee-based events offensive, objectionable, unfair or indecent.

You agree to hold GameColony.com, its employees, officers, directors, licensees, affiliates, partners, subsidiaries, advertising, promotion or other agencies, and agents completely harmless and fully indemnify them from any and all costs, expenses, liabilities and all damages whatsoever that may arise as a result of Player's; (i) entry or use the Web site, (ii) use of any materials at the Web site, (iii) entry or participation in fee-based Tournaments, (iv) participation in the Game(s), or, (v) incurring Losses or the acceptance of any Prizes.

Governing Law and Disputes

These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law. You further agree that any disagreement, claim, controversy or dispute arising between you and GameColony.com (or its employees, officers, directors, shareholders, licensees, affiliates, partners, subsidiaries, etc.) shall be resolved and shall proceed only through arbitration in Orange County, California. Any such arbitration will comply with and will be governed by the provisions of the California Arbitration Act. Any hearings, conferences or any arbitration proceedings shall take place only in Orange County, California, and shall be administered either by JAMS or AAA (the administrating body to be chosen by the Site).

Entire and Unmodified Agreement

These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, 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 these Terms and Conditions and posting such modifications on the Site.

Validity and Enforceability

If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Site Disclaimer

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 use, access, or attempted use or access of the Site. You further agree that the Site is not liable for any damage, loss, or injury caused by downloading any information from the Site. 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. In case of a malfunction, or temporary or permanent discontinuance of service that causes a temporary or permanent loss of your personal or financial data, including but not limited to the loss of your account information - the Site will be responsible solely for the repayment of the amount equal up to a maximum of your one last confirmed ticket purchase (made within the past 12 months). In case of a malfunction or discontinuance of service for which the Site is directly responsible that causes you to be unable to complete a contest in which you have begun to participate, the Site will refund an entry fee charged to your credit card for that unfinished contest only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or discontinuance. The Site is not liable for any potential winnings from any unfinished contest or for any winnings that remain in your account at the time of malfunction or discontinuance of service.

No Warranty Provided

All Goods and services provided on the Site are herein provided on an "As Is" basis, without Warranty of any kind, either Express or Implied, including but not limited to Implied Warranties of Merchantability, Fitness for a particular purpose. No person affiliated with GameColony.com, or claiming any affiliation has any authority to extend any such warranties.

Acceptance of Risk of Disconnections

Players must understand and accept the risk of Internet disconnections as they can and do occur - there are many separately managed networks connecting your location to GameColony - each is a potential point of occasional failure.
Disconnection in a game is defined as a game interruption after the game server has not received timely game-related communication from a player.

You can diagnose your connection here. It is advisable to repeat these diagnostics especially at the time the trouble arises.

Our system allows a full reconnect of up to 6 times (up to 5 minutes each) directly to the original game unless the time per move had expired.   As all games are recorded, intentional disconnects are grounds for dismissal from the tournament and/or from the Site.

Game Disputes

Games are only eligible for dispute within a 6 hour period after the game started. Disputes must be initiated via the Contact Us link at www.gamecolony.com home page. If there is a valid reason to dispute the game, stop playing right away [even if it means disconnecting and forfeiting a game].   After that, report a game for a dispute as soon as possible. By continuing to play after the presumed error or a disputable event occurred, a player, thereby, agrees with the situation "as is". All game disputes are treated in a fair and impartial manner. Management decisions regarding disputed games are final.

GC maintains 100% impartiality in operating this site and reserves the right to let Stay or Annul or Proportionately Settle or Reverse any unfinished tournaments or Mini-tourneys on a case-by-case basis depending on players' chances to win at game interruption.

The mini-tourney or tournament game is considered as played to completion if all of the following conditions are in place:

• both starting and ending financial transactions are recorded and communicated to each player.
• the server has received all game-related communications from both players and confirmed the results of the game

• if the starting financial transaction is not present
• if the server has not received all game-related communications from both players other than time-out of the losing party (due to connection issues or otherwise)
• if the disconnected party had 50% or better chances to win

• the party that lost connection & could not reconnect to the same game was behind (had inferior chances to win)

In the rare case of our server problem (hardware and/or software), a mini-tourney in play during the problem will be annulled and all fees refunded. For a multi-player tournament, if a player was eliminated before the server problem, they are considered "out of the tournament" and do not receive an entry fee refund or any portion of the prize pool.

Proportional settlements for games with entry fees less than 5 $Tickets are performed only when chances to win for a losing party are over 20%.

No Game Stalling and No Unsportsmanlike Conduct Tolerated

Stalling in multi-player games is defined as slowing down the game on purpose with the expectation that the opponent(s) will lose patience and quit. Although the game tables can be set for a high maximum time per move, high per-move setting is not an invitation for stalling but it only relates to a rare possibility of occasional slow moves at the time of technical and non-technical emergencies. In case of such emergencies, the players who have to delay their moves are encouraged to warn their opponents via chat e.g, 'brb' "be right back". Any stalling e.g, slowing down of games with the purpose to annoy the opponent is disallowed and stallers will be identified, warned and penalized.

Unsportsmanlike conduct is defined as disrespectful, and impolite behavior toward other players. When the site identifies a player with a pattern of unsportsmanlike behavior, such player will be warned and then penalized if such behavior pattern continues.

Additional Limitations on Player Participation

You may establish only one account to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account, all your accounts can be terminated. You represent and warrant that all information you supply to the Site is complete and accurate. Submitting incomplete, false, or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. The Site imposes a dollar amount limitation 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 on the Site during a specific period. Should your losses reach the internally-designated limit your play in GC Tournaments may be restricted. The Site reserves the right to change these dollar amount limitations at any time.

Accounts for individual use only

A player who purchases $Tickets for the account becomes the sole owner and holder of the $Ticket account. Holders of $Ticket Accounts are solely responsible for all account obligations and entitled to all benefits therefrom. It is the responsibility of each $Ticket account holder not to allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your $Ticket 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 attorney fees) arising from any use of your account by any person.

Legality and Taxes

You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. It is the sole duty of each player to keep his/her account registration address current on GameColony.com for compliance purposes. 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, implicit or explicit, as to your legal right to participate 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 to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate. It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

Acknowledgment of Proprietary 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, or create derivative works from, or in any way exploit this information.

Credit Card and PayPal Use

In order to maintain data accuracy and ensure the correct use of information, GC has put in-place appropriate electronic and managerial procedures to safeguard and secure the information we collect on-line. GC utilizes sophisticated encryption technology to ensure that sensitive data is transferred securely and the Site is protected by latest firewall systems. This means that using your credit card on GC is far safer than using it to order a pizza at your local cafe.

Members must keep their personal account information (Name/Password) strictly confidential and are solely responsible for their account transactions. It is your direct responsibility to exit the playing room and securely log-off GameColony.com Site after finishing your games to prevent any unauthorized access. 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 (e.g. PayPal) in connection with this 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 maybe otherwise entitled, and civil and/or criminal prosecution.

Free Promotional or Bonus Tickets

Sign-up Bonus listed at www.gamecolony.com/cgi-bin/pg.plx?v=promo is for use in arcade games only. Winnings in Sign-up Bonus Tickets (up to 5 Sign-up Bonus Tickets) will be converted to cash-equivalent $Tickets upon 1st purchase at the rate: 1 Bonus Ticket = 1 $Ticket = $1 USD.

From time to time GameColony offers FREE Promotional or Bonus Tickets e.g, as a reward for winning in free Ladder competitions or Bonus tournaments. The FREE Bonus Tickets are given free of charge and they serve as a store credit: although members cannot withdraw or transfer these Bonus Tickets, they can keep using them in a form of entry fees to compete in tournaments and win possible Prizes. Any Ticket account balance above and beyond the FREE Bonus Tickets given can be withdrawn upon request.

Attempted Unauthorized Access or Tampering

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 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 and all prizes to which you may have been otherwise entitled to.

Any attempt to participate in any Tournament or game offered on the Site by means of automatic, macro, programmed, computer-assisted or similar methods, or to otherwise commit fraud with regard to the Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of any and all prizes to which you may have been otherwise entitled to.

Promotional Activities

By registering for an account, you agree that the Site may display your user name 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 and biographical information for promotional purposes without additional compensation.

Submissions

If you send comments or suggestions, including, but not limited to 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.

Required Information

At registration, you are required to submit the following information: your user name, a password and your email address. To participate in entry fee-based Tournaments, you are required to submit the following information: full name, permanent residential address, phone number and credit card information. In addition, if your total winnings on the Site in any given year reach $600, the Site will request that you submit your social security number in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in the Site's inability to credit your account for any winnings in excess of $600.

Accuracy of Information

You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

Our Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your email 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 to enforce these 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 above. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any 3rd party without additional consent. We monitor player traffic patterns and site usage to help us develop and enhance the design of our gaming web site. We may use your IP address to help diagnose problems with your connection and to gather broad demographic usage information.

Anti-Spam Policy

By registering for an account and/or participating in any tournament offered on the Site, you agree not to use 'Spam' techniques to attempt to obtain referrals/affiliates to the Site. For purposes of this section, 'Spam' includes all unsolicited electronic messages sent to recipients with whom you have no prior relationship, and may occur by email, forums, chat rooms, instant messaging, and other forms of electronic messaging. Engaging in 'Spam' techniques in connection with your participation on the Site will result in the immediate termination of your account and all your privileges.

Account Termination

Accounts not accessed for over 24 months will be purged. The Site also reserves the right to terminate your account or decline or limit your participation in any site activity for any reason, including, but not limited to harassment of other participants, posting of offensive material, making libelous statements, or any breach of the terms of the agreement between you and the Site, and any breach of the security of your account or the Site. Any violation of GC Terms and Conditions by player and/or affiliate that includes but is not limited to spamming, promotion of illegal, offensive, pornographic material/content or any promotion of competing game sites will immideately result in termination of account(s), forfeiture of any previously earned and future pending referral fees as well as liability for any additional damages suffered by GC as a result of the above actions including attorney fees and associated court costs. 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.

Force Majeure

GameColony.com (“GC”) shall have no liability to players and correspondingly to their accounts if fire, strike, theft, acts of God, acts of any Government(s), including any Governmental regulation(s) negatively impact GC business and/or any other cause and/or impact that destroys and/or damages GC business, data or records or makes the data inaccessible. In the event of system malfunction or malicious hacking, and/or for whatever reason(s) inability to access the network, GC shall not be liable for any damage(s) to its players for loss of any player data which has been previously entered into the computer system. Notwithstanding the above, GC shall use its best efforts to minimize the possibility of such damage to and/or loss of data by use of backup procedures.

Your Responsibility

Registering for an account and/or participating in any tournament offered on GameColony.com ("GC or the Site") signifies your knowledge, understanding and full and unconditional acceptance of this agreement, in it's most current version. The Site may modify these Terms and Conditions at any time; your continued use of the Site following such modifications signifies your acceptance of all those modifications. You are solely responsible periodically reviewing GC Terms and Conditions for any such modifications.

If you have any questions about Terms & Conditions, you can contact us via Contact Us form and we would be glad to assist you.