SOFTWARE KATS, INC. (herein referenced as "SK") provides social games and sweepstakes (the "Service") to all of its Members and Customers and any person ("you" or "your") who completes the registration process to become a Member of the Service and is accepted by SK to become a Member on the following terms, which may be updated by SK from time to time without notice to you.
This document was last updated on October 10, 2014.
BY USING THIS SITE AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE OR CLICKING ANY " AGREE" BUTTON, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST LEAVE THIS SITE IMMEDIATELY AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
NO PURCHASE, PAYMENT OR OBLIGATION NECESSARY TO ENTER OR WIN. EVERY MEMBER OF OUR SITE HAS AN EQUAL CHANCE OF WINNING. ALL SWEEPSTAKES PRIZE CLAIMS ARE SUBJECT TO FEDERAL, STATE, PROVINCIAL, TERRITORIAL, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. OUR SITE HAS NO MEMBERSHIP FEES OR TRIALS. CREDIT CARDS ARE NOT NEEDED TO JOIN AND THERE IS NEVER ANY GAMBLING.Please read the information below on how to sign up, play, win and claim your prizes.
GENERAL TERMS, DEFINITIONS AND INTERPRETATIONS
1. Definitions.The following terms shall have the following meanings in this agreement:
b. "Site" shall mean the SK Site.
c. "Sponsor" shall mean SK respectively.
d. "Game Client" shall mean the software used to run our social games and allow the play of Texas Holdem poker.
2. Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
3. Subsection References. References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
4. Reference and Convenience of Labels. Section headings and Subsection labels are used for Member's convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
The Site DOES NOT PERMIT Members to wager real money and has no ability to accept deposits for online gambling. Play Points and Tournament Play Points in Members' accounts have no monetary value and cannot be exchanged for anything of value. Any and all references in the Site to terminology such as "pots", betting, raising or the like are solely for entertainment, instructional or, illustrative purposes only and do not involve the wager of any currency or real money.
USE OF PLAY POINTS (PP) AND TOURNAMENT PLAY POINTS (TPP)
Play Points (PP)
Play Points (PP) are the virtual currency used in our "non-sweepstakes Social Games" (located on our "Site". In addition to the Play Points given at Member sign-up or other times for participating on the site, Members have the opportunity to purchase Play Points through the "Play Points Purchase Program".
Members may redeem Play Points in exchange for Virtual Assets, Digital Goods and to participate in various activities such as Play Points Ring Games, Play Points Qualifiers, Play Points Tournaments, Play Points Sit n Go Tournaments, Play Points Slots Games and Play Points Blackjack Games, Play Points Multi-Table Tournaments and other awards of any type or nature as determined by SK (each, an Award) and as featured in the SK e-Store. The e-Store is located after a Member signs onto the Site. However, Play Points can NEVER BE USED to enter in any Sweepstakes Prize Games or Tournaments.
Members and other-means-of-entry Members receive a fixed amount of Play Points (PP) and Tournament Points (TPP) when they join the site. If a Member and or other-means-of-entry Member's account falls below 1,500 Play Points (PP) on any given day, the Member can reset their Play Points (PP) up to 1,500 every 15 minutes. If the Member fails to use the entire balance of Play Points (PP) on a given day, the Member shall not be entitled to accumulate Play Points in excess of the Play Points amount (i.e., the reset balance of Members with balances of less than 1,500 Play Points will never exceed the Play Points Amount). Members may also purchase additional Play Points through the “Play Points Purchase Program" as set forth below.
Play Points (PP) may ultimately be purchased using other SK currency or other real money currency and/or by successfully completing special offers or promotions. SK may charge fees for the license to use its Play Points (PP) or may award and/or distribute its Play Points (PP) at no charge, at SK's sole discretion.
Purchases of any virtual currency, including, but not limited to SK's Play Points, are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, at SK's sole and absolute discretion, or if SK discontinues providing and/or dramatically alters the services on our Site.
Play Points may also be awarded based on skillful play in our Ring Games and/or, successful completion of special offers or promotions at SK's sole discretion. These awards are dependent on successful completion of said offers, as defined by SK or the affiliate providing the offer or promotion.
Tournament Play Points (TPP)
Tournament Play Points are for entertainment purposes only and are not redeemed or transferable for real-money, prizes, gifts or whatsoever and cannot be used for any purpose except as provided in this section. Tournament Points (TPP) and Play Points (PP) cannot be redeemed for any amount of real money currency or monetary value. We reserve the right to modify the amount of Tournament Points and Play Points awarded to Members when playing in games, including the Tournament Points and Play Points awarded at new Member signup or upgrade at our sole and absolute discretion. Additional Tournaments Points (TPP) cannot be purchased.
OFFLINE REGISTATION, NO PURCHASE NECESSARY TO WIN, METHOD OF ENTRY
Other means of becoming a Member, a person must:
Entries must be received no earlier than fourteen (14) calendar days prior to the (30) thirty day period in which entry is requested. SK shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail.
Approved mail-in entries will receive Play Points (PP) and entry into all Sweepstakes Prize Tournament as listed above. Play Points (PP) and Tournament Points (TPP) accumulated during previous alternative entry periods will remain with the player’s account. ]
The odds of winning any prize will be the same by mail in entry as by online Membership. The odds of qualifying through qualifying tournaments will be the same by mail in entry, as by online Membership and all participants entering through this means will be accorded equal opportunities to participate and win in SK events and the odds of winning will depend on the number of entrants.
This method of entry provides mail-in entrants with access to the same tournaments where Sweepstakes Prizes are offered to Members. A list of all upcoming tournaments is located on the Site and in the game lobby. The game lobby is viewed by accessing the Site.
There is only (1) Level of Membership:
A Members Package includes the following and may vary from time to time, as new game features and e-learning content is added.
Entry into Sweepstakes Games, Tournaments and Qualifier Games
For entry into Ratings-Based Tournaments, Members are allowed entry only into the tournament specific to their rating level at the time of registration regardless of their method of entry.
PLAY POINTS GAMES AVAILABLE
No-limit Regular Game and Tournament play are constantly available in the Poker Room. The amount of Play Points (PP) required to participate in the games will be posted at each table on the site and in the Tournament lobby for all Play Points Tournaments.
Ring game play can be found in the "Poker Rooms" within the lobby. Each room has different table limits for beginners, intermediates and advanced Members. Generally, the higher the table limit, the more advanced the players. Additional tables offer no-limit poker with set Play Points buy-ins.
Sit n Go tournaments can be located in the Tournament lobby and are usually one table events, consisting of two (2), six (6) or nine (9) players or any amount determined by SK. A Sit & Go Tournament will not begin until the requisite amount of players for that tournament is registered.
Multi-Table Tournaments also located in the Tournament lobby and scheduled to begin at the specific times. No additional Members will be allowed to enter once the maximum number of Members is reached or the entry or re-entry time has expired. Provided that the minimum number of Members enters, a Multi-Table Tournament will be held approximately once every hour. Multi-Table Tournaments will not commence unless the minimum number of Members registers to play that particular tournament.
TOURNAMENT POINTS (TPP) SWEEPSTAKES TOURNAMENTS
A schedule of all Sweepstakes prize tournaments can be found on the Site and in the Tournament Lobby and ENTRY INTO ANY OF OUR SWEEPSTAKES PRIZE TOURNAMENTS ARE ALWAYS FREE FOR ANY MEMBER in accordance to the terms set forth herein. No additional Members will be allowed entry into a particular tournament once the maximum number of Members is reached for that tournament or the entry or reentry period has passed. The exact times of each Tournament will be posted on the site tournament schedule and are subject to change without notice. Tournament Play Points (TPP) may be required to enter into (participate in) a Daily, Weekly or Special Tournaments.
SPECIAL SWEEPSTAKES PRIZE TOURNAMENTS
Entry requirements for Monthly or Special Tournaments (those that are not on the Daily schedule) may require Members to finish in certain positions in Qualifying tournaments (depending on the structure of the Qualifier) or enter directly prior into the event during the regular registration period using the required amount of Player Points or other designated entry.
A list of Special Tournaments and their respective qualifiers will be posted in the Tournament lobby in advance. Qualifiers will be held on the times and dates posted and no additional Members will be entered into a particular tournament once the maximum number (if any) of Members is reached. If the number of Members registered for a particular Qualifier is less than two (2), that particular Qualifier will not be run.
Members can enter as many Qualifiers as they want to meet the entry requirements, but can earn only one (1) entry into any one Special Tournament, regardless of how many times they qualify. No cash or other prizes, other than the entry itself will be given out for the winners of any Qualifier.
Special Tournaments will be held on the time and date posted in the Tournament lobby. Each Tournament may have restrictions on the maximum number of Members allowed to enter. Members that have not qualified must monitor the Site for the starting time and register through other means (if available) before the time and date that each event is scheduled to commence.
TOURNAMENT LEADER BOARD TOURNAMENTS - ENTRY REQUIREMENTS FOR THE TOURNAMENT LEADER BOARD TOURNAMENTS ARE AS FOLLOWS:
GENERAL RULES APPLICABLE TO ALL TOURNAMENTS:
All tournaments will begin at the time designated in the tournament details, which may be found in the Tournament lobby.
Each player will be assigned a seat and he/she may not change his/her assigned seat.
Members may un-register from a tournament up to the time it starts OR until the tournament has reached capacity.
There is a deal for the button at the start of the tournament; high card is designated the Dealer for the first hand.
The button moves in the conventional clockwise manner so that no player is the Dealer two hands in a row. Occasionally, a player may become the button without having played in the blinds due to other Members being eliminated (this commonly occurs in online tournaments due to technical software issues). This may happen to any player during the course of a tournament and therefore creates no long-term advantage.
If two (2) Members should be eliminated simultaneously, the player with the largest number of chips at the beginning of the hand will be designated as having finished higher. It is impossible for two (2) people to be eliminated simultaneously when going heads up at the final table.
If two (2) or more Members should be eliminated simultaneously with the same amount of chips at the beginning of the hand, these Members will tie and split the prize amount awarded to all places affected.
When a tournament is down to the last two (2) Members, the button will post the small blind and be first to act in the initial round. The big blind will then be first to act in the following rounds.
The tournament finishes when one (1) player has won all the tournament chips and is declared the winner.
Any play deemed unethical by SK in its sole discretion (including, without limitation, team play, soft play or chip dumping) will result in the applicable player(s) being disqualified from the tournament.
As Members are eliminated over the course of a tournament, tables will be consolidated to keep a full complement of Members. Members may be forced to post the blinds when arriving at a new table. Table reassignments are an inherent part of tournaments and apply equally to all Members.
Members and observers are required to use the chat function in a friendly and considerate way. At no time are Members or observers allowed to discuss or comment on live hands. SK reserves the right, in its sole discretion, to remove the chat privilege and/or permanently ban the account for any user in violation of this requirement.
We reserve the right to provide substitute prizes or cash value in the event that we or the vendor are unable to meet reasonable delivery requirements or in the event that a tournament winner is located outside the continental United States. See general list of tournament prizes.
PRIZE DELIVERY TIME
Unless otherwise specified, PRIZES, merchandise prizes will ship within 30 days of the date the prize is claimed by the winning player and eligibility is verified. All goods are shipped F.O.B. Origin, and accordingly we take no responsibility for any damage incurred during shipping. In certain specifically disclosed merchandise tournaments, we may choose to bear the cost of shipping within the continental U.S., although we are under no obligation to do so.
MERCHANDISE PRIZE WARRANTIES
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Site is responsible for defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer’s warranty, the merchandise is offered as is, and we are not responsible for any defects, use or misuse or repairs. We make no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
Sweepstakes Prizes which include travel will be for specific cities and countries. Any Member who claims such a prize and wishes to depart from a different city which is not listed, will be responsible for providing their own means of transportation to that city. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of prize claim submission, or the prize may be voided. SK is not responsible for any damage, injury or other liability incurred in connection with any travel nor is SK responsible for cancellations, delays, disruptions, rescheduling or service issues by the third-party travel vendors.
United States Federal Income Tax Regulations requires that you complete and return form W9 and that we issue you a form 1099 at the end of each calendar year if you have won total prizes of $600.00 or more in the calendar 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.
As with our cash prize tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize.
Non US residents will be subject to back-up withholding for federal income tax purposes at 30%. Winners will be required to provide such documentation as the Federal Income Tax Regulations require.
By registering for an account, you agree that the Site may display your user name, prize winnings and tournament records. By accepting any prize from the Site, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as we may require for this purpose. If requested prize winners agree to wear our branded clothing for the duration of any applicable TV events/ and/or tournament or any other part of a tournament or promotion that is recorded for television.
Prizes involving travel and tourism will be from a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. We are not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor are we responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.
We strive to maintain a friendly and pleasant atmosphere for our Members. While we cannot be held responsible for the conduct of any Member, we reserve the right to remove anyone who violates our Terms of Service or Official Rules.
The following is deemed inappropriate conduct:
Management reserves the right to make decisions in the interest of fairness and Members' previous chat history with us. Any and all decisions made by management are final and binding.
When reporting a Members behavior that violates our Terms of Service, Official Rules or reporting a concern to SK, Members must include user name, tournament, table and hand numbers for reference to enable determination by management if a violation occurred.
PLAY POINTS PURCHASE PROGRAM
In addition to the Play Points Member’s receive at sign-up and sign-in every day, Members have the opportunity to purchase Play Points through the “Play Points Purchase Program" (the Program).
Members may also redeem Play Points in exchange for virtual assets, Digital Goods and to participate in various activities such as Play Points games, Blackjack Games, Slot Games and Play Points Tournaments, Play Points multi-table tournaments and other awards of any type or nature as determined by SK (each, an 'Award') and as featured in the 'e-Store'. The Play Points e-Store is located on the Site., Play Points cannot be used to enter “sweepstakes prize" tournaments and Tournament Points cannot be purchased.
Play Points are redeemable for the applicable Awards posted on the Site and/or in the e-Store or as otherwise issued by SK. Instructions for redeeming Play Points will be disclosed when the redemption opportunity is presented. Awards are subject to availability as determined by SK in its sole discretion. SK reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The amount of Play Points required to redeem any Award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by SK or its designee or the third party business partner supplying the Award. SK, in its sole discretion, may impose a limit on the number of Play Points in the aggregate that may be redeemed per account, per day, or any other generally-acceptable metric that may be selected by SK from time to time in its sole discretion. Awards are non-assignable and non-transferable. SK reserves the right to substitute Awards of comparable or greater value if any redeemed Award is unavailable for any reason. Awards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Site materials are for illustrative purposes only and may not be the exact Item awarded.
All details and restrictions of the Awards not specified in the e-Store and/or on the Site will be determined by SK in its sole discretion. Members shall be solely responsible for all federal, state, country, territorial and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. If required by law, as determined by SK in its sole discretion, SK reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
Play Points have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any Play Points obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Play Points must be redeemed in accordance with this Agreement. Play Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Except as determined on a case by case basis by SK in its sole discretion in connection with fraud, all Play Points purchases are non-refundable.
You can view your Play Points balance and transaction history by signing onto the Site and accessing your "My Account".
SK may modify the methods through which Play Points can be earned and/or purchased, how Play Points can be used and the conditions under which Play Points may be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Play Points that he/she has already earned. The use of Play Points on the Site has no predetermined termination date and may continue until such time as SK decides to terminate the use of Play Points. SK may eliminate the use of Play Points at any time, with notice on the Site and/or via email to the Member's email address currently on file with SK for their account.
Members will have up to nine (9) months from the date the use of Play Points on the Site is eliminated to use their remaining Play Points. Any Play Points remaining in a Member's account after such nine (9) month period will be forfeited and no compensation will be provided.
ACCRUED PLAY POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE SITE. PLAY POINTS ARE CREDITS THAT SK MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. PLAY POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for making sure the information in his/her account is accurate and is kept current. If a Member believes that his/her account does not properly reflect Play Points earned and/or purchased, the Member must contact SK customer support department to resolve the issue. All questions or disputes regarding the earning, purchasing, crediting or use of Play Points will be resolved by SK in its sole discretion.
Internet issues may cause server interruptions and SK will endeavor to limit such interruptions during a tournament, but SK does not assume responsibility for any such problems.
MEMBER ELIGIBILITY AND SWEEPSTAKES PRIZE CLAIMS
Subject to all applicable State, Federal, Provincial, Territorial, Municipal and local laws and regulations.
Eligibility to participate in Sweepstakes Prize Tournaments is based on State, Federal, Provincial, Territorial, Municipal and local laws and regulations where you reside in. State, Federal, Provincial, Territorial and Municipal governments determine the guidelines for the Sweepstakes laws and if your territory does not allow for you to claim Sweepstakes Prizes for Tournaments, then it is deemed ineligible and you cannot claim Sweepstakes Prizes from this Site. However, you can still create an account, play in our online games and tournaments and earn cash with our Refer-A-Friend Affiliate and Winback® Cash programs.
You are subject to the laws of the State, Federal, Provincial, Territorial, Municipal (collectively 'Jurisdiction') in which you reside and/or from which you access the Site. Access to the Site may not be legal for some jurisdictions or for all residents of, or persons present in, certain Jurisdictions. We have installed filtering software designed to limit access from known ineligible jurisdictions. It is your responsibility to comply with the law in your jurisdictions. We do not make any representation or warranty, express or implied, as to the lawfulness of your participation in our game and tournament sweepstakes, or that materials on the Site are appropriate for your use. The information contained herein does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. We further reserve the right to require you to provide proof that you are eligible to participate and claim prizes in our tournament sweepstakes games prior to SK making any payments for winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse service and access to any potential participant.
For persons within the United States, to open an account and/or participate in any tournament offered on the Site, you must: be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form; be a U.S. citizen or resident alien with a U.S. address; be physically located within the U.S.; and be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law. If you are a U.S. resident, make sure you are not from one of the Ineligible States listed below. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
For persons NOT within the United States, to open an account and/or participate in any tournament offered on the Site, you must: be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. Persons NOT within the U.S., make sure you are not from one of the Ineligible territories listed below. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
|Eligible United States|
|Arizona||Iowa||New Hampshire||Pennsylvania||West Virginia|
|California||Kansas||New Jersey||Rhode Island||Wyoming|
|District of Columbia D.C.||Maine||North Carolina||Utah|
|Eligible Countries | Territories|
|Austria||Canada||Denmark||India||Netherlands||Philippines||South Africa||United Kingdom|
|Bahamas||Chile||France||Greece||Jamaica||New Zealand||Portugal||South Korea||Venezuela|
|Ineligible States, Countries, Territories|
|Alabama||Florida||Indiana||Marshall Islands||Missouri||Palau||South Dakota||Washington|
|Arkansas||Federated States of Micronesia||Georgia||Michigan||Montana||Puerto Rico||US Minor Outlying Islands|
|American Samoa||Idaho||Guam||Minnesota||Oklahoma||South Carolina||US Virgin Islands|
VOID WHERE PROHIBITED OR RESTRICTED BY LAW If you open an account and/or participate in any games and tournament offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Official Rules, and subject to having your account suspended or terminated. You will NOT BE ELIGIBLE to claim any Sweepstakes Prize won.
MAIL-IN ENTRY FOR GAMES AND TOURNAMENTS IS NOT AVAILABLE TO RESIDENTS OF INELIGIBLE TERRITORIES
Only eligible Members may claim prizes. All Sweepstakes prizes must be claimed within ninety (90) days of the end of the month in which the Sweepstakes prize is won. Failure to make a Sweepstakes prize claim and prove eligibility within that time period will give rise to the presumption that the Member is ineligible and agrees to forfeiture of the Sweepstakes prizes.
Should any Member residing in an illegible jurisdiction, finish a Sweepstakes Prize Game or Tournament in a place that normally would be eligible to claim said prize, the Member who was knocked out of the tournament or game directly before that ineligible Member shall be able to claim the prize normally available for that place. Subsequently, every Member knocked out before that ineligible Member shall also move up one spot respectively, until the Member who was knocked out just prior to any prize being awarded, moves up to the last prize awarded for that game or tournament.
Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in game and tournament sweepstakes in the applicable Jurisdiction, whichever is higher.
CONTINUING DUTY AND AFFIRMATION
Each time you use the Site, you represent and warrant to SK that: (i) you are at least eighteen (18) years of age, or the legal age to participate in a game and tournament sweepstakes in the applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in game and tournament sweepstakes, and SKs offering and operating the game tournament sweepstakes are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by SK. By applying for registration, you authorize SK to make any and all inquiries as SK in its sole discretion considers necessary to verify the information provided by you. SK may require you to submit such proof of age, identity and place of residence as it may require, at any time. SK reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
NO EMPLOYEES OR CONSULANTS
No employee or Consultants of SK or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to win prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
ONE ACCOUNT ONLY
You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for yourself. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to claim any prizes, you will lose all of your Player Points, Tournament Points, your account will be terminated and you may be banned from our Site.
CHANGES TO YOUR ACCOUNT
In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by logging into your account and going to the support section or by sending an e-mail to: [email protected].
AFFIRMATION OF SKILL & FAIRNESS
YOU HEREBY ACKNOWLEDGE AND AGREE THAT GAME AND TOURNAMENT SWEEPSTAKES ARE CONTESTS THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN GAME AND TOURNAMENT SWEEPSTAKES. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
PSEUDO NUMBER RANDOM GENERATOR
SK understands that the use of a fair and unpredictable shuffle algorithm is critical to our software. To ensure this and avoid major problems, we are using two sources of a very fast random number generation:
The mt_rand() function is a drop-in replacement for this. It uses a random number generator with known characteristics using the » Mersenne Twister.
We generate a random seed hash to enhance the true random number generator. This source generates enough entropy to ensure a fair and unpredictable shuffle.
Once you've joined with a unique username
and password it is your responsibility to
keep these Identifiers secure and confidential.
Some or all of these Identifiers are required
to access certain areas of the Site. In
the event that you are concerned that they
are no longer secure and confidential, you
should immediately notify SK by sending
an email to
[email protected] whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of SK. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified SK as provided herein) will be treated as valid.
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 tournament sweepstakes, and in no event any person under the age of eighteen (18) 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 will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
YOU ARE RESPONSIBLE
You agree to be solely responsible for all use of the Site (including without limitation participation in tournament sweepstakes) through the use of any of your Identifiers (except where you have notified SK as provided above) and you agree to indemnify and hold harmless SK, along with its parent SK, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorney's fees and expenses) arising from such use.
NO INTERESTAny monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from game and tournament sweepstakes, you are solely responsible for and required to make all arrangements for the payment of any taxes due in your applicable Jurisdiction.
RIGHT TO CANCEL ACCOUNT
SK reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
If your account is terminated or suspended, SK reserves the right to determine whether to declare as void any transactions placed by you.
Services May Change or End. SK reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from SK and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
TELCOM, INTERNET AND ACCESS FEES
You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
ODDS, RISK AND FAIR PLAY
You acknowledge and agree that games and tournament sweepstakes are skill based contests that measure your ability to play games and manage risk against the skills of others and that you are not likely to profit from this entertainment and instructional endeavor.
You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If SK believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and SK reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
BEHAVIOR & RESPONSIBILITY
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.
You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any SK web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any SK Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any SK Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
You shall accept and abide by the contest rules set forth on the contest rules web page, to be amended from time to time by SK in the sole discretion of SK.
You agree that SK is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any SK Site or any third party site.
Any attempt to defraud any SK site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
You agree that SK is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any SK site or your account.
You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any SK site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the SK site, you agree to indemnify, defend, and hold SK harmless from or for any claims, liability, damages, and/or costs (including attorney's fees) arising from any use of your account by any person.
You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of SK.
You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify SK by e-mail at [email protected] . You agree to refrain from taking any advantage whatsoever of that error or incompleteness and SK reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. SK will not be liable for any alleged winnings that are, in SK s sole discretion, the result of a system error or malfunction.
Whenever SK requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver’s license or utility bills, such materials must be submitted by facsimile, mail or such other means of communication specified by SK. Such materials will become the property of SK and will not be returned to you.
SK's "Winback® Cash and Virtual Points Commissions Program" referral programs are available to all Members. The procedures related to these programs are available for review on the site.
THIRD PARTY SITES
Other Sites Are Not Our Responsibility.
This Site may link you to other Sites, which Sites may contain information or material that some people may find objectionable. These other Sites are not under the direct control of SK and you acknowledge that SK is not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such Sites. You further acknowledge and agree that SK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such Sites.FUTURE MARKETING
You hereby acknowledge and agree that SK and/or its affiliates may market products and services to you in the future.
You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of SK. Except as expressly authorized by SK, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
SK grants you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by SK for use in accessing the Site.
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 SK in a way that may constitute copyright infringement, you may provide notice of your claim to Provider's Designated Agent listed below. For your notice to be effective, it must include the following information:
Provider's Designated Agent is:
5348 Vegas Drive, Suite 435, Las Vegas, NV 89108 [email protected]
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 Site. All other inquires to the Designated Agent will not be answered.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SK, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SK DOES NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFREGULAREMENT. WITHOUT LIMITING THE FOREGOING, SK, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Limitation of Liability. IN NO EVENT SHALL SK, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL SK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to defend, indemnify and hold harmless SK and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any SK or SK s site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
RIGHT TO CANCEL CONTEST
If SK, its parents, affiliates, managers, or directors determines that operating the games and tournament sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the games and tournament sweepstakes may be ended by SK and SK shall owe you nothing. SK, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the game and tournament sweepstakes is cancelled.
You agree that this agreement and all incorporated agreements may be automatically assigned by SK in its sole discretion, to a third party in the event of a merger or acquisition.
SK failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. SK's failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and SK with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SK with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Except as expressly stated otherwise, any notices to SK shall be made by registered mail to SK, Attention: Legal Department, 5348 Vegas Drive, Suite 435 Las Vegas, NV 89108. Notices to you may be made to the e-mail address you provide to SK during the registration process or by postal mail (including registered mail) to the address you provided to SK during the registration process. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Choice of Law and Forum
These terms shall be governed by and construed in accordance with the laws of the state of Nevada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the tournament sweepstakes or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth below.
You and SK agree that any Dispute between you and SK will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") and conducted under its rules, except as otherwise provided below. You and SK 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 SK. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Clark County, Nevada. If you prevail in the arbitration of any Dispute with SK, SK will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorney's fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. 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. Section 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 agreement, 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 SK, or iii) any other dispute arising out of or relating to the relationship between you and SK; the term "SK" means SK and its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by SK. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.
By accessing this Site, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.
Updated August 1, 2014
Earnings Disclaimer: Every effort has been made to accurately represent our products and their potential. There is no guarantee that you will earn any money using our Refer-A-Friend Affiliate program or the techniques and ideas in these materials herein. Examples in these materials are not to be interpreted as a promise or guarantee of earnings.
Earning potential is entirely dependent on the person using the products, the ideas, the marketing techniques and suggestions provided by CardGenius.com. We do not purport this as a "get rich scheme." and any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills.
As these factors differ according to each individual we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995.
Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate, " "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or in any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to anybody else's. In fact, no guarantees are made that you will achieve any results from our ideas and techniques in our materials.
Software Kats, Inc. reserves the right to revise the terms of site. Any changes made will apply to all Memberships created or renewed after the date such change was implemented.
SK is committed to ensuring that your privacy is protected. If we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement. We use state-of-the-art security measures to protect your information from unauthorized users. SK may change this policy from time to time by updating this page. You should check this page periodically to ensure that you are happy with any changes.
This policy is effective as of August 1, 2014.
What we collect: The information we may collect includes but is not limited to: name, contact information, including email address, demographic information such as postal code, preferences and interests, other information relevant to customer and affiliates and/or offers, credit card and/or bank account information such as account name, number, expiration date, cvv number etc., which would be necessary to purchase products from us. This information is for billing purposes only and will not be shared.
What we do with the information: We require this information to understand your needs and provide you with better service. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join as a Premium Member.
We use your personal information for these primary purposes: - To make the site easier for you to use by not having to enter information more than once.
In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Consent: If you choose not to register or provide personal information, your use of SK will be limited. You will not be able to access any areas that require registration. If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding Software Kats, Inc. products, programs, events, or services by email, postal mail, or telephone, you may discontinue receiving marketing messages from SK at any time. SK occasionally allows other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.
Notice to Parents or Guardians: We want to help you safeguard your children's use of their personal information while using the Internet. Children: Consistent with the Federal Children Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of eighteen (18) without requesting parental consent.
Cookies: We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain personal information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.
Links to other websites: Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Your Personal Information: You may choose to restrict the collection or use of your personal information in the following ways: - Whenever you are asked to fill out a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. - If you have previously agreed to SK using your personal information for direct marketing purposes, you may change your mind at any time by writing to Software Kats, Inc. 5348 Vegas Drive, #435, Las Vegas, NV 89108 USA or emailing us at [email protected]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting unless you have opted out of this service. You may request details of personal information which we hold about you under the Data Protection Act of 1998. A small fee will be payable.
If you would like a copy of the information held on you please write to Software Kats, Inc. 5348 Vegas Drive, #435, Las Vegas, NV 89108 USA. If you believe that any information we are holding on you is incorrect or incomplete, please write or email us as soon as possible, at either of the above addresses.
We will promptly correct any information found to be incorrect. Any rights not expressly granted herein are reserved.
ALL LINKS ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE. CardGenius.com IS COPYRIGHTED BY SK AND Software Kats, Inc. AND NO PART OF THIS SITE MAY BE COPIED, OR CHANGED IN ANY FORMAT, SOLD, OR USED IN ANY WAY.
ACCEPTANCE OF TERMS This Site and all linked pages (collectively known as the Site) are provided to you by Software Kats, Inc. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Your continued use of this Site will indicate your acceptance of these Terms and Conditions of Use as presented or modified in the future.
A. This Agreement, which incorporates by reference other provisions applicable to use of the Site, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in the Site, sets forth the terms and conditions that apply to use of the Site by User. By using the Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. SK shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
SK shall have the right at any time to change or modify the terms and conditions applicable to User's use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, SK provides User with access to a variety of resources, including a game room, videos, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions of Use.
PRICE AND AVAILABILITY
The products and services offered or referred to on this Site are subject to availability of the products and services. Further, availability for purchase or rental of product types or individual products is subject to change by SK in its sole discretion at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase or rental, on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at SK's sole discretion.
In providing registration and transactional information to SK, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If SK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SK has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site; or (g) engage in "flooding," i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit or cause or enable others to post disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a SK service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site;(b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running twenty four (24) hours per day; (c) enable the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic or cause or enable others to do any of the above actions.
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, images, illustrations, games, audio clips, video clips, movies, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Software Kats, Inc. or its licensors and are protected by copyright, trademark and other intellectual property laws and treaties. SK's name, design and related marks are trademarks of Software Kats, Inc. © 2014 Software Kats, Inc. All rights reserved. SK hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. SK, content providers and content providers' licensors do not transfer any title, right or interest to or in any Materials to you. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without express prior written consent of SK. Use of Materials is only permitted with the express written permission of SK and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Materials are stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Materials are wrapped or otherwise associated with and you may not edit, modify, translate, or create adaptations of the Material or aid, cause or enable others to do such actions. This Section will survive the termination of your right to use this Site.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Site and all charges related thereto.
A. User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SK's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in SK's discretion restricts or inhibits any other User from using or enjoying SK will not be permitted. User shall not use SK to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SK.
B. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SK are copyrighted as a collective work under the United States copyright laws. SK owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SK and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on The Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and will indemnify and hold SK harmless. By submitting material to any public area of SK , User automatically grants, or warrants that the owner of such material has expressly granted SK the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User, to view, access and store or reproduce the material for that other User's personal use. User hereby grants SK the right to edit, copy, publish and distribute any material made available on SK by User.
D. The foregoing provisions are for the benefit of SK, its subsidiaries, parent company, affiliates and any third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
The Services may contain some if not all of the following: email services, video training courses, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not and will not enable or cause another to:
A. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
C. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including email addresses. Violate any applicable laws or regulations.
D. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. SK has no obligation to monitor the Communication Services. However, SK reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SK reserves the right to terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SK reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SK's sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. SK does not control or endorse the content, messages or information found in any Communication Services and, therefore, SK specifically disclaims any liability with regard to the Communication Services and any actions resulting from User's participation in any Communication Services. Managers and hosts are not authorized SK spokespersons, and their views do not necessarily reflect those of SK.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing SK with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify SK immediately of any unauthorized use of User's account or any other breach of security. SK will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by SK or another party due to someone else using User's account or password. User may not use anyone else's account at any time.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of SK and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, SK MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SK DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
All disputes between you and SK arising or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site; or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) shall be resolved by binding individual arbitration under the American Arbitration Association's rules for consumer-related disputes. Neither you nor SK will participate in a class action or class-wide arbitration for any claims covered by this agreement. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. This agreement shall be governed by the Federal Arbitration Act and, where consistent, Nevada law. SK reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.
SK may at any time and at its sole discretion terminate your right to use this Site.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Nevada, without regard to its conflict of law's provisions.
Multiple Membership plans ("SK Online") may be made available from time to time. Check the SK Site for the most up to date offerings. Each User can have only one active Membership at any time.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from SK about your SK Online Membership electronically, either by e-mail or by notices posted on this Site, as determined by SK in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by SK in writing is satisfied by such electronic communication. You agree that SK may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with SK.
From time to time, in SK's sole discretion, SK may offer a reduced Membership fee for the SK Online service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the SK Online service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period if applicable. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic Membership fee plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period if you are registered for one of our fee services or products. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time.
MODIFYING YOUR SK MEMBERSHIPS
You may modify your SK Membership plan, i.e., upgrade, downgrade, and/or change your type of monthly plan, as long as there is no lapse in your Membership. To modify your SK Online Membership, go to www.CardGenius.com, and go to "My Account." By modifying your SK Online Membership, you are also agreeing and directing SK or its agent to continue to automatically renew your new SK Online Membership on each monthly anniversary date applicable to the new Membership plan, for the applicable Membership fee (plus taxes) by charging your Payment Method until your SK Online Membership is canceled as provided herein. The new Membership plan will begin on the day which would have been the anniversary date of the prior Membership plan.
SALES TAX POLICY
SK will charge all applicable state and local taxes.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are permitted. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL SK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED TO SK OR POSTED AT ANY OF ITS SITES
SK does not claim ownership of the materials User provides to SK (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's Submission, User is granting SK, its affiliated companies and necessary sublicensees permission to use User's Submission in connection with the operation of their Internet businesses (including, without limitation, all SK Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER SK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SK.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL SK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SK SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SK 'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SK AND SK IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SK IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SK IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SK OF THE SITE.
SK is a distributor and a publisher of its own content, although some content on the site is supplied by third parties and Users. Accordingly, SK has no more editorial control over third party content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of SK, are those of the respective author(s) or distributor(s) and not of SK. Neither SK nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In some instances, the content available through SK represents the opinions and judgments of the respective information provider, User, or other user not under contract with SK. SK neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SK by anyone other than authorized SK employee spokespersons while acting in their official SK capacity. Under no circumstances will SK be liable for any loss or damage caused by a User's reliance on information obtained through SK. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
UNSOLICITED IDEA SUBMISSION POLICY
SK OR ANY OF ITS CONSULTANTS OR EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SK' PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SK. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SK OR ANYONE AT SK. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SK MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
SK shall have the right, but not the obligation, to monitor the content of The Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SK and to satisfy any law, regulation or authorized government request. SK shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Site. Without limiting the foregoing, SK shall have the right to remove any material that SK, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless SK's its affiliates and their respective directors, officers, employees, consultants and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SK by User or User's Account.
This Agreement and any operating rules for The Site established by SK constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United States and the State of Nevada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The SK, SK Online and The Services, and its logos are trademarks of SK. All rights reserved. All other third party trademarks appearing on The Site are the property of their respective owners.
ALL LINKS ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE.
THE SITE IS COPYRIGHTED BY SOFTWARE KATS INC, AND NO PART OF THE SITE MAY BE COPIED, OR CHANGED IN ANY FORMAT, SOLD, OR USED IN ANY WAY. SK's name, design and related marks are trademarks of Software Kats, Inc. © 2018. All rights reserved.
Software Kats, Inc. 5348 Vegas Drive, #435, Las Vegas, NV 89108, USA. Software Kats, LTD. Suite B, 29 Harley Str., London, UK W1G-9QR. Contact us: click here
In no way can Play Points or Virtual Goods be redeemed for “real world” money, goods, or other items of monetary value from any party. This means you may not buy or sell Play Points or Virtual Goods for “real world” money or otherwise exchange our Virtual Goods for value outside of the games.
Have a question about a charge on your bill? Please visit our support page here.
If you were charged for items you did not purchase, or you did not receive the items you purchased, or if you were charged an incorrect amount, you may request a refund or correction by asking a question via our customer support website at here.
Purchases of virtual points or virtual items sold on our site are subject to the Software Kats, Inc. Terms of Service and refund policy. Some terms that are particularly relevant to your purchase include:
Please see the entire Terms of Service for a complete description of your and Software Kats's rights and obligations.
To buy Play Points, please log into your account and click on the Get Points button located in the main lobby.
To contact our billing department, please log into your cardgenius.com member account, visit our support site, or email us: [email protected], or reach us by phone +1.954.281.2556.
**NO PURCHASE, PAYMENT OR OBLIGATION NECESSARY TO ENTER OR WIN. EVERY MEMBER OF OUR SITE HAS AN EQUAL CHANCE OF WINNING. ALL SWEEPSTAKES PRIZE CLAIMS ARE SUBJECT TO FEDERAL, STATE, PROVINCIAL, TERRITORIAL, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. OUR SITE HAS NO MEMBERSHIP FEES OR TRIALS. CREDIT CARDS ARE NOT NEEDED TO JOIN AND THERE IS NEVER ANY GAMBLING.
You must be 18 years of age or older to play in any of our online sweepstakes prize tournaments or to claim a prize. All prize claims are subject to verification. Restrictions apply. See Official Rules for additional eligibility restrictions, prize descriptions, ARV's (Approximate Retail Value), odds and complete details. Any prizes pictured are for illustrative purposes only. VOID WHERE PROHIBITED BY LAW. Membership is limited to one account per person.
CardGenius.com is not a gambling site. Software Kats, Inc. and Software Kats, LTD. operate a 100% legal online social gaming site. All sweepstakes prize tournaments and claims are subject to applicable federal, state, provincial, territorial, municipal and local laws and regulations. A Member of our site can NEVER BUY into a sweepstakes prize tournament or make any type of CASH DEPOSIT on our site. Tournament Play Points (TPP) are used as entry into any of our sweepstakes prize tournaments and have no cash value. All active Members of our site are free to enter into any one of our online sweepstakes prize tournaments, at any time, because www.cardgenius.com only offers one level of Membership, which is FREE and does not charge Membership fees, or has the ability to accept deposits. See Official Rules for more information.
Software Kats, Inc. 5348 Vegas Drive, #435, Las Vegas, NV 89108, USA. Software Kats LTD. Suite B, 29 Harley Str. London, UK W1G-9QR. Contact Us: click here