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Terms of Service

General 1. Acceptance of Terms and Conditions By using this Website and/or creating an account, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website or APP. By accessing, using, or downloading in any way, without limitation, any Service from this Website or APP, or merely browsing, You agree to and are bound by these Terms and Conditions. Warlight reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other player or Website visitor. Warlight may also send notice of the revisions to You using the Warlight messaging service. If You do not expressly object to the validity of the new terms and conditions via e-mail within this two (2) week period, then the newly revised Terms and Conditions will be considered agreed upon. If You reject the newly revised Terms and Conditions, then Warlight may terminate this license agreement as provided herein. 2. Eligibility 2.1 United States. To be eligible to register and create an authorized My Warlight account ("Account"), You must be at least thirteen (13) years of age or older and a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Warlight reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of Warlight and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Warlight are NOT eligible to use or create an Account on the Website for personal gain. They may, however, participate in games for testing purposes, but without the intent to achieve any personal gain or profit for Warlight. 2.2 Non-U.S. 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 13 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. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 3. Registration You must create an Account to play games on this Website. Warlight does not charge a registration fee for opening an account. Play on certain games or certain features offered may be dependent upon the existence of certain conditions such as the type of Account You have, Your age, proof of payment, number of completed games, or specific game rules. In general, Warlight differentiates among the following types of Accounts: Classic Account Players “Classic”, Virtual Goods Players “Virtual”, and Cash Players “Cash”. "Classic Players" play games not involving coins of any type, whereas "Virtual & Cash Players" are able to deposit, play, or participate in Warlight Coin games. In addition, only Cash Players, not Virtual Players are able to withdraw real money on the Website. "Classic Players" may have the opportunity to convert to being a Virtual or Cash players by depositing real money. Warlight reserves the right to reject or revoke Your account at its discretion for any reason. 4. Local Laws, Service Not Available in Some States You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. The laws 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, Warlight CANNOT offer fee-based games with cash prizes to residents of the following states: Arizona, Connecticut, Florida, Illinois, Kansas, Kentucky, Maryland, North Dakota, Vermont, and District of Columbia. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in any coin game offered on the Website while and designated as a “Cash” Player located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your winnings, if any, may be voided at the sole discretion of Warlight. You hereby agree that Warlight cannot be held liable if laws applicable to You restrict or prohibit Your participation. Warlight makes no representations or warranties, implicit or explicit, as to your legal right to participate in any game offered on the Website nor shall any person affiliated, or claiming affiliation, with Warlight have authority to make any such representations or warranties. 5. Your Account A. Account Responsibility When you create Your Account, You represent that You are at least thirteen (13) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an e-mail to legal@warlight.net. If you provide any information that is untrue, inaccurate, not current or incomplete, or Warlight has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Warlight has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). If you play with coin games, you represent that you are least (18) years of age. You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account, including charges incurred as a Classic Account, Virtual Player or Cash Player subject to the posted terms and conditions for such play. B. No Transfer Only one Account is allowed per person for playing coin games. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited if playing with coins. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a game in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities. C. Robots not allowed for game playing. Users agree not to use or launch any automated system except via warlight APIs defined at http://warlight.net/api that accesses WarLight's website, including but not limited to systems that attempt to automatically play the game, create games, communicate with other Users, or mine data. 6. Warlight Game Play A. Odds of Winning games The results of all games offered on the Website depend on the number of the players participating in such games and the skill of the players in such games; precise odds of winning are therefore unavailable. B. Determination of Winners The results and winners of each game offered on the Website will be determined by Warlight, and such determinations are final. By registering and/or participating in any game, You agree to be bound by these determinations. C. Game Rules Rules for specific games offered on the Website can be found by clicking "Game rules" on the following link: https://www.warlight.net/wiki D. Prizes Warlight is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed games. 7. Termination A. Warlight's Right to Termination Warlight reserves the right to terminate Your Account, limit or prohibit your participation in any game or game for without any reason. Immediate termination will result for obvious reasons, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow Warlight to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by Warlight for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, Warlight may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions. 8. Intellectual Property Rights A. Copyright Information and Personal & Non-Commercial Use Limitation All Service and the compilation of all content included on this Website are owned or licensed by Warlight and/or its affiliates and protected by United States and international copyright laws (© 2009-2015 Warlight. All Rights Reserved). Warlight does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Warlight. Users may not provide copyrighted or other proprietary information to Warlight without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement. B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Warlight's Designated Agent listed below. For Your notice to be effective, it must include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work that You claim has been infringed upon; A description of where the material that You claim is infringing is located on this Website; Information reasonably sufficient to permit the service Warlight to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Warlight's Designated Agent is: Warlight Attn: Warlight Legal Department Address: legal@Warlight.net Fax: International: +1 206-238-1232 The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered. C. Trademarks Warlight and/or its affiliates own the Warlight trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of Warlight and/or its affiliates and may not be used without prior written consent of Warlight. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners. D. Posts/Comments You hereby grant Warlight and its affiliates the unlimited right to use all posts submitted on the Warlight forum, or other information submitted to Warlight using the provided mechanisms for such including, but not limited to, photographs, game comments, suggestions, etc. All posts, comments and contributions become the sole property of Warlight. You are not entitled to compensation for such. E. Rights of Publicity By registering for an account, You agree to the use by Warlight and its affiliates of Your username, photograph(s), likeness, statements, tournament records, your name, picture, voice, biographical information, and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law. In the event of live or webcam games or tournament events, then You also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS' LIST. F. Submissions If you send comments, questions or suggestions, including, but not limited to, notes, text, 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. General Content Users shall be solely responsible for User created Content and the consequences of submitting and publishing Content on WarLight's website. Users affirm, represent, and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish Content they submit; and you license to WarLight all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication pursuant to these Terms of Service. Subject to the licenses granted below, as between users and Warlight, User retain any rights they may have in the content they submit to Warlight however, by submitting Content to WarLight, Users hereby grant WarLight a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and WarLight's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Users also hereby grant each User of the Service a non-exclusive license to access their Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to WarLight, subject to copyright and other intellectual property rights under the law. 9. Privacy and Protection of Personal Information Warlight respects the privacy of visitors to our Website. Please see Warlight's Privacy Policy relating to the collection and use of Your personally identifiable information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Warlight collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of Warlight's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Warlight via e-mail at legal@Warlight.net. 10. Maintenance and Reporting Problems Warlight conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. No game play may occur during a maintenance period. All problems encountered during the use of Warlight's Services, including those with regard to games, Player Accounts, etc., must be reported to Warlight when the problem is encountered via e-mail at legal@Warlight.net. Please be advised that, due to the fact that Warlight deletes some usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred. 11. Disclaimer of Warranties and Limitation of Liability You expressly agree that use of the Website and Service is at Your sole risk. Neither Warlight nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Warlight (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Warlight makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Warlight shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Warlight spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized Warlight spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification. A. Disclaimer of Warranties THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY Warlight ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Warlight AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Warlight AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. B. Limitation of Liability WARLIGHT DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Warlight. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Warlight WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Warlight HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WARLIGHT RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Warlight HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON WARLIGHT’S GOODS OR SERVICES, FROM INABILITY TO USE WARLIGHT’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WARLIGHT’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website. 12. Third Party Links This Website contains links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of Warlight, and the existence of a link on the Website does not imply any endorsement of the linked websites by Warlight or any affiliation between Warlight and the owners of the linked websites. Warlight makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Warlight has no responsibility to You with respect to such material. Warlight encourages You to examine the privacy policies and/or terms of use policies of any third party website. 13. Online Conduct and Abuse A. Online Conduct and Abuse You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the game controls described by Warlight, or negatively influence another Player's game controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end; (xi) deliberately transferring money between Accounts (i.e. "money laundering"); (xii) harassing other Players; (xiii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xiv) causing any breach of the security of Your Account or the Website; or (xv) breaching any of these Terms and Conditions. B. Rules for Communication and Anti-Spam Policy It is possible for players to contact each other on the Website for reasons such as challenging each other to games. In doing so, player are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes. Warlight opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by Warlight against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of Warlight. Additionally, any winnings, if any, may be voided at the sole discretion of Warlight. Warlight defines "Spam" as (i) 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, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat, via the Warlight internal communication systems or "instant messaging" system. C. Reporting Abuse or Inappropriate Conduct If you wish to report any abuses, inappropriate online conduct or a violation of Warlight's Terms and Conditions, please forward all evidence of the same to legal@warlight.net. Please refer responsibly! D. Penalties for Abuse, Inappropriate Online Conduct and Violating Warlight's Terms and Conditions Warlight reserves the right to block, cancel or terminate Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, Warlight may elect to immediately suspend or terminate Accounts. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then games or games which have already begun will be aborted by Warlight and the results will not be evaluated; the Player in violation must then compensate Warlight for any problems arising therefrom. Warlight will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. Warlight reserves the right to lift any suspension against You at any time, at its sole discretion. Warlight reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities. Furthermore, if a Player's Account is blocked or terminated then that Player is obligated to pay a contract penalty to Warlight. The contract penalty shall be the average turnover profit that the Player generated per month for the last three months before the contract penalty. If the relationship has existed for less than three months, then the average will be taken from the full duration of contract. Warlight reserves the right to withhold funds from the abusive Player's Account in compensation for damages to Warlight or third-parties, as well as to pay for this contract penalty. 14. Circumvention You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any games offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Warlight determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and Warlight reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities. 15. Security If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Warlight of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Warlight cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section. Warlight reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring. 16. Indemnification You agree to defend, indemnify and hold harmless Warlight and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Warlight that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any Warlight site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service Warlight. 17. Arbitration Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in Seattle, Washington except that, to the extent You have in any manner violated or threatened to violate Warlight intellectual property rights, Warlight may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of Washington. You and Warlight agree that any Dispute between You and Warlight shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under Washington law, and conducted under its rules, except as otherwise provided below. You and Warlight will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Warlight. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy, shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Warlight; or iii) any other dispute arising out of or relating to the relationship between You and Warlight. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405. 18. Applicable Law/Jurisdiction By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Washington will govern these disclaimers, Terms and Conditions, Privacy Policy, or Software Terms, without giving effect to any principles of conflicts of laws. Warlight reserves the right to make changes to its Website and these disclaimers, Terms and Conditions, Privacy Policy, and Software Terms at any time. You hereby irrevocably and unconditionally consents to jurisdiction in the State of Washington. 19. Waiver/Severability The failure of Warlight to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Warlight's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect. 20. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred. 22. Entire Agreement These Terms and Conditions constitute the entire agreement between You and Warlight with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by Warlight. Additional rules for Practice-Players 25. Conversion of Your Warlight Player Account You will cease to be a Warlight Cash Player upon the occurrence of one of the following: (i) You register as a Virtual Player, (ii) You have used all of your gaming money. 26. Additional Information Information about games, game rules, and further agreements for Classic Players can be found on the Website at Warlight help-pages 27. Registration A. Registration as a Cash Player In addition to creating a Player Account in the main Warlight section of the Website, You must also verify your location. B. Age Requirement/Verification For a free account with no coins you must be (13) years of age. For playing coin games You must be at least eighteen (18) years of age or older and a legal resident of the United States or a Jurisdiction that allows You to be permitted to participate in games of skill on the Website in which you have the chance to win money. Warlight reserves the right to verify Your age. Any failure to cooperate with Warlight in this respect will result in the termination of Your Account or removal of coins from your account. 28. Player Accounts A. Money Player Accounts Warlight will maintain WL Coins attached to your account. ("WL Coins" is an Closed loop prepaid access system by Warlight in which it claims all rights.) Your initial deposit, and all subsequent deposits, will be exchanged into WL Coins in accordance with the most up-to-date exchange rate and will be displayed as such on Your Account. Warlight will manage Your prize money and losses in this non-interest bearing Account. Deposited funds, and their equivalents in the WL Coins, can be used exclusively to play games at Warlight, unlock features, and to cover any Warlight fees and commissions. Deposited funds can be withdrawn in accordance with sections 28(B) through 28(G). B. Withdrawal of Funds You may make up to two withdrawals per month from Your Account, as long as the amount to be withdrawn is at least $75 (USD). C. Anti-money laundering If coins are deposited and withdrawn without being played, an 18% processing fee will be deducted from the unplayed coins. To avoid this processing fee, you must play as many coins as you have received from the action of depositing plus bonus coins, at least once. WarLight, as its sole discretion, can waive this fee provided the funds have been deposited more than 180 days ago. If a Coin Player requests a withdrawal in the first six (6) weeks after they play their first coin game, it may be delayed by WarLight for up to six (6) weeks. Any requested withdrawal will be sent to You via Check to your address or Paypal to the e-mail account You enter when requesting your withdrawal, which may take up to six (6) weeks after the request. The exchange rate on the day of withdrawal may differ from the day of payment. You agree to the then valid exchange rate, which will be shown on the payout form and you agree to pay any fees incurred with the transfer. Once the transfer is complete, the debt shall be deemed satisfied and Warlight will have no further obligation. Bonuses (such as first-deposit bonuses), payments deposited exclusively for use as entry fees, and other specialty payment methods (such as "Paypal") that Warlight provides cannot be withdrawn by You. In cases such as these, You will be notified that the corresponding funds cannot be withdrawn and can only be used to pay entry fees. D. Accumulated Winnings If the total amount of winnings accumulated on Your Account exceeds the sum of $1000 (USD), then Warlight will immediately pay out the funds that are over the $500 hold limit. This limit via Paypal to the e-mail account You entered when requesting your withdrawal. These funds shall be transferred in full satisfaction of this debt and Warlight will have no other obligation. Warlight reserves the right to raise or lower this limit at any time and without giving a reason. This withdrawal will be carried out in accordance with the conditions listed in sections 28(B) and 29(D). E. Proof of Identity Warlight shall not be obligated to verify the identity of the person requesting the withdrawal. In the event Warlight seeks verification for security reasons, Warlight is authorized to withhold funds until proof of identity can be confirmed. In cases such as these, the requesting party shall be obligated to send a copy his or her personal ID or passport, along with a written request to withdraw the funds, including the bank information identified on the Account. If you participate in coin games while underage or located in a prohibited Jurisdiction, all coins in your account may be considered non-withdrawable and 100% virtual goods. Accounts flagged with this designation will not be able to withdraw Warlight coins for cash. Additionally, all winnings, if any, may be voided at the sole discretion of Warlight. F. Deletion of Money Player Accounts Your Account may be deleted at Warlight's sole discretion and without any notification if Your Account is terminated pursuant to sections 13 and 14. Warlight's obligations to You cease upon deletion of Your Account. You may claim any remaining money from Your Account in accordance with section 28(G). In the event Your Account is deleted due to a reason other than that which is identified herein, Warlight reserves the right to withhold funds to compensate Warlight and/or third-parties for damages. G. Claiming Funds on Deleted Accounts/Limitation of Claim Warlight will deposit funds from all deleted Accounts into a collective non-interest bearing account where they will remain for a period of three (3) years, beginning at the end of the calendar year in which Your Account is deleted. You may claim and withdraw funds previously in Your Account prior to deletion by submitting a written request to Warlight that identifies Your Paypal e-mail address. The funds on Your Account, if any, will then be transferred to the Paypal account that you registered at Warlight. 29. Entry Fees and Prizes A. Entry Fees Upon participation in a particular game, You simultaneously and irrevocably authorize Warlight to deduct the fixed entry fee declared upon creation of the particular game, as well as any additional fees incurred that are described in section 30(D), (collectively "game entry fee" or "entry fee") from Your Account. If sufficient funds are not available, then You may not take part in the game. Furthermore, You also authorize Warlight to deduct a commission for any game in accordance with section 30(D), as well as pay out winnings to the winning Player. All entry fees are Warlight coins. However, no entry fee is incurred for training games in the Website's free player section. Entry fees vary and are displayed before participation in a game. Warlight reserves the right to limit entry fees, including processing fees per game and/or per day, either on an individual basis or for all involved in the game. B. Prize Money The potential prize money is displayed at the beginning of each game, except in games with high, progressive winnings (such as jackpot games) where the sum of the potential prize money is dependant upon the number of participants and the frequency of their participation. C. Aborted Games If You abort a game, either purposefully or due to technical problems that cannot be attributed to Warlight, then you forfeit the game and will not receive the coin prize or any other compensation. D. Withdrawing Prize Money Warlight reserves the right to withhold prize money amounting to more than $600 (USD) for verification. This restriction also includes money won through any special event. In such cases, Warlight reserves the right to withhold the money and distribute it to the winner after the winner has submitted to a live skype/google hangout test conducted by Warlight at Warlight's expense. In the event the winner fails to appear for the live test, Warlight reserves the right to not distribute until the test successfully is passed. E. Taxes In compliance with United States Internal Revenue Service regulations, Warlight will send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Website in any given year. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. 30. Deposits and Fees A. Deposits via Bank Transfer Warlight may, but is not obligated to, accept money into Your Account using a domestic bank transfer by transferring the money into the bank account. Please be aware that You may only participate in coin games using funds that you have deposited after Warlight has received Your funds. If You choose to fund Your Account using this option, You will also be required to submit a collateral security deposit along with the funds You deposit, which Warlight may use for commission, reimbursement of expenses, and/or compensation for damages. B. Deposits via other Methods of Payment Warlight may, but is not obligated to, accept payments via paypal, credit card, debit card, and/or other forms of payment. In the event You setup Your Account with a debit card, You authorize Warlight to deduct the specified funds from the bank account linked to the debit card. In the event You setup Your Account using a credit card, You agree that Warlight 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 Website. Warlight may accept other forms of payment at its sole discretion, which terms shall be agreed upon between You and Warlight. Any attempt to defraud Warlight 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 by Warlight. C. Status of Payment Funds, entry fees, and processing fees are non-refundable once they have been credited to Warlight's bank account and deducted from the Your Account. Warlight, at its own discretion, may allow Players to participate in games before payment is received. D. Monthly Storage of account history We waive the hosting fee for players that are active. Should a player be inactive for more than twentyfour (24) months we may charge storage cost on the account from your available coin balance. We charge 850 Warlight coins per month to store account and game history. E. Additional Charges for Monetary Transactions You authorize Warlight to deduct from Your Account any additional charges for a monetary transaction, including, but not limited to, a denied payment (such as denied transfer, denied credit card payment) or increased bank processing fees. You agree to assume all costs that may be attributed You when funds credited to Your Account (such as cancellation of a direct debit, insufficient funds, of incorrectly submitted account information) are reversed. Warlight will charge You a fee of $35 (USD) for each denied payment, as well as $5 (USD) for each reminder for payment Warlight is required to send to You. In the event You fail to make payment, Warlight will submit Your debt to a collection agency in order to collect any outstanding payments. Warlight reserves the right to charge You for any costs associated with a third party acting on Warlight's behalf to collect payment from You (such as collection agency and attorneys' fees). F. Warlight Transaction and Fees Warlight receives an administrative fee for the creation of games, as well as for maintaining Your Account. Once You select the game in which You want to participate, the possible prize money displayed and the entry fee reflect the net earnings available to You after deduction of Warlight's administrative fees. Warlight receives a general processing fee of $2.00 (USD) for each withdrawal You make from Your Account, in addition to any additional bank processing fees related to transferring funds. Warlight receives a general processing fee of $4.25 (USD) for emptying a Player's Account below the 1000 coin level. The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect. Date Last Modified: December 3rd, 2014.


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