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1. Terms
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1.1. All terms and conditions here within and not limited to but including
all "Ransom™" rules, "Hold'em™" rules, "Outlaw™" rules, "Flats™" rules, frequently
asked questions, and all additional expressed information and/or rules and/or systems
and/or processes by PawnShark website not limited to but including digital and/or
printed and/or electronic methods and/or platforms of communication and/or published
for in part or entirety of and relating to PawnShark.com constitute a legally binding
agreement between PawnShark website and I. All of these documents are to be read
by agreeing I carefully as each one forms part of the legally binding agreement
between all Is of PawnShark.com and PawnShark website . |
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1.2. All binding agreements within PawnShark.com terms and conditions are
expressly made in the American English language and all agreeing Is wave all right
to legal definitions and/or grammar and/or grammatical style outside of American
English language. The American English language version of PawnShaark.com terms
and conditions will prevail in any and all courts in any and all jurisdictions regardless
of native language as the I agrees that no translation of terms and conditions whatsoever
can be used in any conflict resolution.
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1.3. The PawnShark.com Terms and Conditions shall prevail in the event of
any and all conflict between these Terms and Conditions and any/or all game rules
and/or other expressed information and/or documents referred to in these Terms and
Conditions and/or described on any part and/or parts of PawnShark.com.
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1.4. By clicking on 'Submit' or 'I Agree' and accepting all Terms and Conditions,
I are also acknowledging and accepting these Agreements. Any and/or all access to
and use of PawnShark website Services are governed by these Agreements. Any and/or
all questions regarding these Agreements should be proposed to independent legal
advisers at My discretion.
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1.5. I understand that PAWNSHARK WEBSITE owner may change any of the information
found at this PAWNSHARK WEBSITE at any time without notice including the Terms and
conditions without notice. PAWNSHARK WEBSITE owner makes no commitment to update
the information found at this PAWNSHARK WEBSITE
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2. Modifications
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2.1 PAWNSHARK WEBSITE reserves the right to change any of the provisions posted
herein and I agree to review these Terms of Service each time I visit the PAWNSHARK
WEBSITE. My continued use of the PAWNSHARK WEBSITE following the PAWNSHARK WEBSITE’s
posting of any changes to these Terms of Service constitutes My acceptance of such
changes. The PAWNSHARK WEBSITE does not and will not assume any obligation to provide
me with notice of any change to these Terms of Service. Unless accepted by PAWNSHARK
WEBSITE in writing, these Terms of Service may not be amended by me.
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3.Limited License
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3.1. As a user of PawnShark.com I am granted a nonexclusive, nontransferable,
revocable, limited license to access and use the PawnShark website content in accordance
with these Terms and conditions. PawnShark website may terminate this license at
any time for any reason.
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3.2. I must be at least 18 years of age, or older than 18 years of age in
those jurisdictions, states, nations, and/or territories, and/or locations where
the minimum age for permissible use of PawnShark.com and/or any chess and/or chess
related activity and/or tournament requires a minimum age requirement of no less
then 18 years of age.
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3.3. The Content on PawnShark.com is for My personal use only and not for
any commercial exploitation whatsoever.
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3.4. I may not copy, modify, reproduce, republish, distribute, display, or
transmit for commercial, non-profit or public purposes all or any portion of the
PawnShark website, except to the extent permitted here within the terms and conditions.
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3.5. I may not use any network monitoring or discovery software to determine
the PawnShark website architecture, code, or extract information about usage, individual
identities or users.
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3.6. I may not use any robot, spider, other automatic and or automated software
or device, to reproduce, modify, adapt, publish, publicly perform, publicly display,
digitally display and/or digitally perform, translate, create derivative works from
and/or distribute such materials and/or incorporate such materials into any form,
medium, or technology now known or later developed throughout the universe.
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3.7. I may not use any robot, spider, other automatic and or automated software
or device, to reproduce, modify, adapt, publish, publicly perform, publicly display,
digitally display and/or digitally perform, translate, or to monitor and/or copy
PawnShark website or the Content without PawnShark website's prior written permission.
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3.8. Any unauthorized use of this PawnShark website or its Content is prohibited.
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4. Intellectual Property Rights
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4.1. Nothing contained herein shall be construed as conferring any license
or right, by implication, estoppels or otherwise, under copyright or other intellectual
property rights. I agree that the Content and PawnShark website are protected by
copyrights, trademarks, service marks, patents and/or other proprietary rights and
laws.
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4.2. I agree not to display or otherwise use in any manner any trademarks,
service marks, trade names and/or any accompanying logos, used alone or in conjunction
with any text, of the PAWNSHARK WEBSITE, or of a subsidiary or affiliated company
to, or of a company of the same PawnShark website of companies as, or of the ultimate
majority shareholders in, PAWNSHARK WEBSITE Without the express prior approval of
the PAWNSHARK WEBSITE.
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4.3. Other manufacturers’ product and service names referenced herein or displayed
at the PAWNSHARK WEBSITE may be trademarks and service marks of their respective
companies and are the exclusive property of such respective owners, and may not
be used publicly without the express written consent of the owners and/or holders
of such trademarks and service marks.
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4.4. The materials, such as text, graphics, photographs, video and audio clips,
music, soundtracks, button icons, streaming data, animation, images, downloadable
materials, data compilations and software, accessible from the PAWNSHARK WEBSITE,
are the proprietary information and valuable intellectual property of PAWNSHARK
WEBSITE or the party that provided the materials to PAWNSHARK WEBSITE, and PAWNSHARK
WEBSITE or the party that provided the materials to PAWNSHARK WEBSITE retains all
right, title, and interest in the materials.
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4.5. The materials may not be copied, distributed, republished, modified,
uploaded, posted, or transmitted in any way without the prior written consent of
PAWNSHARK WEBSITE, except that I may print out a copy of the materials solely for
My personal use. In doing so, I may not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the materials.
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4.6. The terms Ransom, Hold'Em, Outlaw, Flats, and any other marks used by
PawnShark website are the trademarks, service marks and/or trade names of the PawnShark
website or one of its subsidiaries or associated companies or its licensors.
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4.7. Furthermore, all other material used by PawnShark website, including
but not limited to the software, images, pictures, graphics, photographs, animations,
videos, music, audio, text and any intellectual property rights in and to any of
the same is owned by the PawnShark website and is protected by copyrights, patents
and/or other intellectual property rights. I obtain no rights in such copyright
material or trade or service marks and must not use them without the PawnShark website's
written permission.
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5. Legalities and Jurisdictions
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5.1 PawnShark.com strictly offers tournaments of skill and is not the "house"
as the "house" refers to gambling and games of chance where users play the business
or "house" for currency. PawnShark.com is an authorized legal facilitator of private
chess tournaments between willing users and does not now, and never will solicit
users for "house played chess games" where upon outcome, PawnShark LLC will acquire
or disperse points or currency to or from users.
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5.2. PawnShark website is permitted to conduct online chess tournament operations
in its country of origin. I am required to research and comply with any laws and
regulations in My jurisdiction before using Pawnshark website's currency enabled
services.
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5.3. Games of skill as well as chess tournaments may be illegal in some jurisdictions,
states, nations, and or territories, and it is a breach of these Terms of Service
to engage in currency enabled chess tournaments on the PawnShark website if I am
probated from such activities in My jurisdiction, state, nation, and or territory.
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5.4. Because the legal issues surrounding currency enabled games of skill
are contradicting, vague, or ambiguous in some jurisdictions, I will consult an
independent attorney or legal advisor before determining if Pawnshark website currency
enabled games of skill and/or other services are legal in My jurisdiction, state,
nation, and or territory, if I am not certain of My rights, liabilities and obligations
associated here within. It is I, as the user of PawnShark website services, who
accepts responsibility to make myself aware of local, state, and national laws before
engaging in activities that may not be legal in my area.
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5.5. If I reside in affected areas I may not in any way accrue/dispense money
and/or markers of value. Below is a list of states that have laws that govern some
types of skill games that may include chess tournaments. Arizona, Arkansas, Connecticut,
Delaware, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota,
Tennessee, Vermont, Florida,
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5.6. All tournaments and/or points/currency transactions are considered investments
in chess tournaments by free will, of and between users, and do not fall under definitions
of the term "wager" as the term "wager" relates to gambling or games of chance where
upon outcomes are random.
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5.7. I acknowledge that chess is a game of skill and investments into any
and all forms of chess tournaments, not limited to but including currency enabled
tournaments and/or games, regardless of number of opponents, may result in monetary
losses due to the My inability to win.
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6. Play at my own risk
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6.1. PawnShark.com, PawnShark LLC and payment gateway providers, or third
party websites are not responsible for claims or losses or damages of any kind resulting
from currency enabled tournaments under any condition.
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6.2. The engagement of users of PawnShark website into chess tournaments provided
by PawnShark website are at the sole option, discretion and risk of myself as a
user or considered "play at my own risk".
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6.3. I am also responsible for maintaining the secrecy and security of my
account passwords and other personal security information. PawnShark.com and PawnShark
website are not responsible for the unauthorized use of My account with PawnShark
website or any losses that may result, of such unauthorized use.
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6.4. By an engaging in any form of tournament, game, investment and/or any
other service of PawnShark website I take full irrevocable responsibility for any
loss of currency and/or points regardless of outside factors that may result in
currency and/or point loss that may include but are not limited to program errors,
server errors, connection problems, comprehension problems, acts of God, such as
fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
war, riot, arson, embargoes, acts of civil or military authority, or terrorism;
fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor,
alien invasion, mass hysteria, or materials; failure of the telecommunications or
information services infrastructure; hacking, SPAM, or any failure of a computer,
server, or software, including Y2K errors or omissions, or any other inability to
win due to forces that may or may not be beyond my control.
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6.5. By an engaging in any form of tournament, game, investment and/or any
other service of PawnShark website I take full irrevocable responsibility for any
loss of currency and/or points due to lack of understanding of game rules. I understand
that it is my sole responsibility to familiarize myself with all rules of all games
before I play and that before engaging in any form of tournament, game, investment
and/or any other service of PawnShark website I will have completely read and completely
comprehend all rules and methods of procedure and/or play.
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7. Content License
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7.1. By uploading content to or submitting any materials for use on PawnShark
website, I grant (or warrant that the owner of such rights has expressly granted)
PawnShark website a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
right and license, with right to sublicense, to use, reproduce, modify, adapt, publish,
publicly perform, publicly display, digitally display and digitally perform, translate,
create derivative works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed throughout the
universe.
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7.2. I agree that I shall have no recourse against PawnShark website for any
alleged or actual infringement or misappropriation of any proprietary right in My
communications to PawnShark website.
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7.3. I shall not distribute on or through the PawnShark website any content
or material containing any advertising, promotion, solicitation for goods, services
or funds or solicitation for others to become members of any enterprise or organization
without the express written permission of PawnShark website.
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7.4. In addition I may list along with My name, address and email address,
My own URL, recommend third party websites, goods or services so long as I have
no financial interest in and receive no direct or indirect benefit from such recommended
website, product or service or its recommendation.
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7.5. In no event may any person or entity solicit anyone with data retrieved
from PawnShark website.
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8. Third Parties
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8.1. PawnShark website may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the PawnShark website is accurate and complies with applicable laws. Nether PawnShark
website nor PawnShark LLC will be responsible for the illegality of or any error
or inaccuracy in advertisers or sponsors' materials or for the acts or omissions
of advertisers and sponsors.
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8.2. Third party content may appear on the PawnShark website and/or may be
accessible via links from the PawnShark website. PawnShark website shall not be
responsible for and assumes no liability for any infringement, mistakes, misstatements
of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of content
contained in any third party content appearing on the PawnShark website.
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8.3. I understand that the information and opinions in the third party content
is neither endorsed by nor does it reflect the belief of PawnShark website.
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9.User Fraud And Cheating
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9.1. Any and all forms of fraudulent, counterfeit or deceptive activity on
the PawnShark website, as determined at PawnShark website's sole discretion, are
strictly forbidden.
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9.2. Fraudulent, counterfeit, or deceptive activity may include, but is not
limited to, stolen credit cards, transfer of funds to other users and/or accounts,
forgery, imitation, collusion, conspiracy, and the provision of false Registration
Data and/or other requested information.
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9.3. In addition but not limited to any and/or all fraudulent, counterfeit
or deceptive activity under these Terms and conditions, PawnShark website may pursue
claims for criminal prosecution and/or civil damages for such activities.
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9.4. I agree not to attempt to exploit any error, virus, bug, defect or inconsistency
found in the Software, to my own or other users advantage, or to the disadvantage
of other users, at any time.
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9.5. Furthermore, I agree to report any such Bug to customer service immediately
upon discovery.
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9.6. Any form of cheating on PawnShark website, as determined at PawnShark
website's sole discretion, is strictly forbidden.
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9.7. Cheating includes any form of manipulation of the outcome of games and/or
tournaments, so that the opportunity to win is changed to favor myself or any other
user.
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9.8. In particular, and without limitation, cheating includes any form of
‘collusion or conspiracy' as that term is commonly understood in the chess community.
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9.9. In addition, PawnShark website may pursue claims for criminal prosecution
and/or civil damages for any form of cheating.
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9.10. The use of any software program or device that facilitates artificial
intelligence, such as a chess engine, is strictly prohibited.
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9.11. Prohibited software may include software which allows opponent profiling,
player collusion, time manipulation, currency manipulation, or any other program
that allows the myself or any user to manipulate outcome of game or gives myself
or any other user an unjust advantage over another user.
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9.12. PawnShark website may take action or procure that action is taken in
order to detect and prevent the use by the myself or any other user of such software,
including, but not limited to, reading the list of currently running programs on
the My computer.
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9.13. I agree to knowingly and unknowingly engage in "proof of skill games"
facilitated by PawnShark website in order to gauge My true skill level in regards
to chess and chess variations.
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9.14. Proof of skill games are not limited to but include random games where
My opponent may be a software program and/or any other device that may be implemented
at PawnShark websites discretion to monitor and/or adjust player habits and/or ratings.
I will under no circumstances throw or falsify the outcome of a game and/or tournament
"sandbag" in order to affect My ranking, points or currency.
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9.15. PawnShark website reserves the right to return funds to rightful owner,
if determined that funds won by the me were from an account that itself had obtained
these funds fraudulently, through rank dropping and/or was being used without the
either my and or account owner’s permission. 9.16.PawnShark website is committed
to fair and honest chess play and to combating fraudulent activity, and has zero
tolerance towards inappropriate play and fraudulent activity. Any Player involved
in any form of suspected fraudulent activity will be reported to the appropriate
authorities.
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10. Security
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10.1. To maintain a high level of security and integrity in the system, the
PawnShark website reserves the right to conduct a security review at any time to
validate My identity, age, the registration data provided by me, to verify My use
of the Services, including but not limited to My compliance with these Agreements
and the policies of the PawnShark website and My financial transactions carried
out via the Services for potential breach of these Agreements and of applicable
law a "Security Review".
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10.2. As such I authorize PawnShark website and its agents to make any inquiries
of myself and for PawnShark website to use and disclose to any third party PawnShark
website considers necessary to validate the information I provide to PawnShark website
or should provide to PawnShark website in accordance with these Agreements, including
but not limited to, ordering a credit report and/or otherwise verifying the information
against third party databases.
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10.3. In addition, to facilitate these Security Reviews, I agree to provide
such information or documentation as the PawnShark website, in its unfettered discretion,
may request.
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11. Complaints
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11.1. If I have any complaints, claims or disputes with regard to any outcome
regarding the Services or any other activity, I must submit My complaint to PawnShark
website in writing as soon as is reasonably practicable following the date of the
original transaction to which the claim or dispute refers.
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11.2. Complaints may be submitted by email. Any notice PawnShark website gives
to me will be sent to the email address that I provide when I register My Account.
It is My responsibility to give PawnShark website notice of any changes to this
and to regularly check My email account for emails from the PawnShark website.
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12. Limits on Winnings
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12.1. The PawnShark website reserves the right to limit the maximum amount
wagered for each single or multiple investment. The maximum collective amount that
I may win engaging in currency enabled chess tournaments within any seven "7"day
period is USD 50,000.oo or, equal to if my currency is in EUR, GPB, HUF, PLN or
RON.
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12.2. This maximum shall apply independently of the number of investments
placed or pending or the amount invested or pending and acceptance of My investment
by the PawnShark website does not constitute an agreement to pay out if My net win
exceeds our limit on winnings and it is My responsibility to be aware that I will
not be paid out if My net win exceeds this limit.
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13. Identity Fraud
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13.1. The name on My Account must match My true and legal name and identity
and the name on My Account registration must match the name on the credit card(s)
or other payment accounts used to deposit or receive monies in My Account.
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13.2. To verify My identity, PawnShark website reserves the right to request
at any time satisfactory proof of identity including but not limited to copies of
a valid passport / identity card and/or any payment cards used and proof of address
including but not limited a recent utility bill or bank statement.
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13.3. Failure to supply such documentation may result in suspension of the
Account. I am prohibited from holding more than one (1) Account. PawnShark website
reserves the right to close My Account and/or accounts if I open multiple Accounts.
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14. Account Discloser
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14.1. The Account name and password selected when I apply for membership should
not be disclosed to any third party. I are solely responsible for the security of
My Account name and password.
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14.2. I agree to keep My Account name and password secret and confidential
and not to allow anyone else to use it.
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14.3. Every person who identifies themselves by entering a correct name and
password is assumed by PawnShark website to be the rightful Account holder and all
transactions where the name and password have been entered correctly will be regarded
as valid.
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14.4. In no event will the PawnShark website be liable for any loss I suffer
as a result of any unauthorized use or misuse of My login details.
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14.5. The PawnShark website shall not be required to maintain Account names
or passwords.
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14.6. If I misplace, forget, or lose My Account name, Name or password as
a result of anything other than PawnShark website's error, the PawnShark website
shall not be liable.
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15. Program Errors
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15.1. PawnShark website does not warrant or represent that the Content available
on or through this PawnShark website will be correct, accurate, timely, or otherwise
reliable.
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15.2. PawnShark website does not represent or warrant that this PawnShark
website or the Content will be error-free, free of viruses or other harmful components,
or that defects will be corrected or that it will always be accessible.
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15.3. PAWNSHARK WEBSITE makes no representations or warranties that the PAWNSHARK
WEBSITE or any materials contained therein will be uninterrupted, timely, secure,
or error free, nor does PAWNSHARK WEBSITE make any representations or warranties
as to the quality, suitability, truth, usefulness, accuracy or completeness of the
PAWNSHARK WEBSITE or any of the materials contained therein.
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15.4. I must inform PawnShark website as soon as I become aware of any errors
with respect to My Account or any calculations with respect to any point or currency
based tournament or any currency conversion.
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15.5. In the event of any system failure or game that results in an error
in any calculation, charges, fees, rake, or any currency conversion as applicable,
"System Error" the PawnShark website will seek to place all parties directly affected
by such System Error in the position they were in before the System Error occurred.
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15.6. The PawnShark website reserves the right to declare null and void any
tournament investments that were the subject of such System Error and to take any
money from My Account relating to the relevant investments, if there are insufficient
funds in My Account, demand that I pay the relevant outstanding amount relating
to these tournament investments.
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15.7. In all circumstances whereby the PawnShark website at its sole discretion
determines a System Error has been used to gain an unfair advantage, the PawnShark
website reserves the right to consider this activity to be subject to a fraudulent
activity and may pursue all necessary recourse I have agreed upon in these terms
and conditions.
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15.8. PawnShark website may make improvements and/or changes to its features,
functionality or content at any time.
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16. Warranty disclaimer
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16.1. I understand and expressly agree that use of the PAWNSHARK WEBSITE or
any of the materials and/or data downloaded or otherwise obtained through the use
of the PAWNSHARK WEBSITE or any of the materials contained therein is done at my
own discretion and risk and that I will be solely responsible for any damage to
my computer system or loss of data that results from the download of such material
and/or data.
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16.2. The PAWNSHARK WEBSITE is provided “as is” without warranty of any kind,
either express or implied, including but not limited to, any implied warranties
of merchantability, fitness for a particular purpose, title, or non-infringement.
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16.3. I understand that PAWNSHARK WEBSITE cannot and does not guarantee or
warrant that files available for downloading from the internet will be free of viruses,
worms, Trojan horses or other code that may manifest contaminating or destructive
properties. PAWNSHARK WEBSITE does not assume any responsibility or risk for my
use of the Internet.
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16.4. I understand that PAWNSHARK WEBSITE makes no warranty regarding any
goods or services purchased or obtained through the PAWNSHARK WEBSITE or any transaction
entered into through the PAWNSHARK WEBSITE and is not responsible for any use of
confidential or private information by sellers or third parties.
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17. Liability limitation
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17.1. In no event shall PAWNSHARK WEBSITE or its licensors, agents, suppliers,
resellers, or any other subscribers or suppliers be liable to me, or any other third
party for any direct, special, indirect, incidental, consequential, exemplary, or
punitive damages, including without limitation, damages for loss of profits, loss
of information, business interruption, revenue, or goodwill, which may arise from
any person’s use, misuse, or inability to use the PAWNSHARK WEBSITE or any of the
materials or services contained therein, even if PAWNSHARK WEBSITE has been advised
of the probability of such damages. This is for any matter arising out of or relating
to this Agreement, whether such liability is asserted on the basis of contract,
tort or otherwise, even if PAWNSHARK WEBSITE has been advised of the possibility
of such damages.
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18. Indemnity
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18.1. I agree to defend, indemnify, and hold harmless the PAWNSHARK WEBSITE,
its officers, directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions, loss, liabilities,
expenses, costs, or demands, including without limitation legal and accounting fees,
for all damages directly, indirectly, and/or consequentially resulting or allegedly
resulting from My, or under another person’s authority including without limitation
to governmental agencies, use, misuse, or inability to use the PAWNSHARK WEBSITE
or any of the materials or services contained therein, or My breach of any of these
Terms of Service, or should I violate any law.
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18.2. I do also agree to defend and indemnify PawnShark website should any
third party be harmed by My illegal actions or should we be obligated to defend
any claims including, without limitation, any criminal action brought by any party
not affiliated with this PAWNSHARK WEBSITE.
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18.3. PAWNSHARK WEBSITE shall promptly notify me by electronic mail of any
such claim or suit, and cooperate fully at My expense in the defense of such claim
or suit.
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18.4. PawnShark website reserves the right to participate in the defense of
such claim or defense at its own expense, and choose its own legal counsel, but
are not obligated to do so.
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19. Power Of Currency
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19.1. In order to use the Services of the PawnShark website, I will be required
to send money to and may be required to receive money from PawnShark website.
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19.2. The PawnShark website may use third-party electronic payment processors
and/or financial institutions to process such financial transactions.
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19.3. I irrevocably authorize PawnShark, as necessary, to instruct such electronic
payment processors and/or financial institutions to handle Account deposits and
withdrawals from My Account and I irrevocably agree that the PawnShark website may
give such instructions on My behalf in accordance with My requests as submitted
using the relevant feature on PawnShark website Platforms.
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19.4. I agree to be bound by the terms and conditions of use of each applicable
electronic payment processor and/or financial institution. In the event of conflict
between these Agreements and the electronic payment processors and/or financial
institutions terms and conditions then these Agreements shall prevail.
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20. Abandonment Of Accounts
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20.1. If I do not access My Account by 'logging on' to My Account using My
Account name and password and either play a currency based chess game and/or tournament
as applicable, for any consecutive period of 180 days, then after those 180 days
My Account and any related account with any electronic payment processors and/or
financial institutions will be deemed Inactive.
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20.2. Once My Account has been deemed Inactive the PawnShark website is entitled
to charge me an administrative fee or "Inactive Account Fee".
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20.3. PawnShark website will deduct an amount up to the Inactive Account Fee
amount from My Account Balance on the day following the end of the 180 days or day
181 and then every 30 days thereafter in accordance with the abandoned account agreement.
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20.4. PawnShark website will stop deducting the abandoned account agreement
Fee from My Account Balance if My Account is re-activated by entering a currency
based tournament.
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21. Etiquette
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21.1. Abusive or offensive language will not be tolerated on the PawnShark
website's chat boards, or otherwise by users on the Platforms or with PawnShark
website staff.
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21.2. Any violation of this policy will result in a suspension of My use of
the Services or such other action as may be reasonably required by the PawnShark
website to ensure compliance.
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21.3. I will not make malicious, false, slanderous, or bogus public statements
and/ accusations about other users of the PawnShark website.
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21.4. In addition, I am not entitled to make untrue and/or malicious and/or
damaging comments with regard to the PawnShark website's operation in any media
or forum.
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22. Termination
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22.1. I am entitled to close My Account and terminate these Agreements on
seven "7” days notice to PawnShark website by withdrawing the entire balance from
My account and sending a letter or email or telephoning PawnShark website.
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22.2. PawnShark website will respond within a reasonable time provided that
I continue to assume responsibility for all activity on My Account until such closure
has been affected by PawnShark website.
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22.3. The PawnShark website is entitled to terminate these Agreements on seven
(7) days notice (or attempted notice) to me at the email address I have provided
the PawnShark website.
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22.4. In the event of termination by PawnShark website, PawnShark website
shall give notice of the termination to me via email as soon as reasonably practicable
refund the balance of My Account.
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22.5. If the PawnShark website has terminated My account sighting fraudulent
activities, any payouts, bonuses and winnings in My Account are non-refundable and
deemed forfeited.
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23. Governing Law
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23.1. These Terms and conditions not limited to but including the policies,
guidelines and rules referred to herein and the relationship between myself and
PAWNSHARK WEBSITE shall be governed by and construed in accordance with the laws
of the Good Ole United State Of America, without giving effect to conflict of law
principles.
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23.2. I agree to submit to the exclusive jurisdiction of the courts of the
Good Ole United State Of America for settlement of any dispute, controversy or claim
arising out of or in connection with these Terms of Service or the relationship
between myself and the PAWNSHARK WEBSITE.
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23.3. The rights and liabilities of the parties hereto will bind and inure
to the benefit of their respective assignees, successors, executors, and administrators,
as the case may be.
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23.4. The PAWNSHARK WEBSITE may transfer these Terms and conditions if PAWNSHARK
WEBSITE is acquired by a third party, merged with a third party or if PAWNSHARK
WEBSITE sells all or substantially all of its assets, or otherwise transfer substantially
all of its assets to a third party. In this event the PAWNSHARK WEBSITE will inform
me of the transfer.
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24. No Relationship
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24.1. Nothing in this Agreement shall be deemed to constitute, create, imply,
give effect to, or otherwise recognize a partnership, employment, joint venture
or formal business entity of any kind, and the rights and obligations of the parties
shall be limited to those expressly set forth herein.
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25. Communication
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25.1. All communications sent or received on PawnShark website are public
domain and are entitled to absolutely no privacy.
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25.2. All messages transmitted to PAWNSHARK WEBSITE shall be deemed to be
readily accessible to the general public.
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25.3. Visitors should not use this PAWNSHARK WEBSITE to transmit any communication
for which the sender intends only the sender and the intended recipient and or recipients
to read.
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25.4. Notice is hereby given that all messages entered into this PAWNSHARK
WEBSITE can and may be read by the agents and operators of this service, regardless
of whether they are the intended recipients of such messages.
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25.5. hereby agree not to publish, disseminate or submit any defamatory,
offensive or illegal material or material infringing the rights of any third party,
including without limitation, intellectual property, privacy, publicity or contractual
rights while using the PAWNSHARK WEBSITE or other services included on the PAWNSHARK
WEBSITE.
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25.6. I acknowledge and agree to that PAWNSHARK WEBSITE may use means for
preventing and removing content posted, including, but not limited to, that is unlawful,
harmful, threatening, abusive or otherwise inappropriate or objectionable.
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25.7. I acknowledge and agree to that PAWNSHARK WEBSITE may use means for
preventing and removing content posted, including, but not limited to, any and/or
all negative and/or misleading statements or allegations against Pawnshark website
or any and/or all statements PawnShark deems unnecessary, inflammatory, biased,
or anti-PawnShark in nature.
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26. Acts Of God
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26.1. PAWNSHARK WEBSITE shall not be responsible for any failure to perform
due to unforeseen circumstances or to causes beyond reasonable control, including
but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or
military authority, or terrorism; fiber cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labor, alien invasion, mass hysteria, or materials; failure
of the telecommunications or information services infrastructure; hacking, SPAM,
or any failure of a computer, server, or software, including Y2K errors or omissions,
for so long as such event continues to delay the PAWNSHARK WEBSITE performance.
or anti-PawnShark in nature.
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27. Severability
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27.1. If for any reason a court of competent jurisdiction or an arbitrator
finds any provision of these Terms of or conditions, or any portion thereof, to
be unenforceable, that provision will be enforced to the maximum extent permissible
and the remainder of these Terms of Service will continue in full force and effect.
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27.2. No waiver of PAWNSHARK WEBSITE shall be deemed a waiver of any subsequent
default of the same provision of these Terms of Service. If any term, clause or
provision hereof is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other term, clause
or provision and such invalid term, clause or provision shall be deemed to be severed
from these Terms of Service.
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28. Fees
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28.1. In the event myself or PawnShark website shall commence any claims,
actions, formal legal action, or arbitration to interpret and/or enforce these Terms
of Service, or relating in any way to the relationship between the myself and PawnShark
website, the prevailing party in any such action or proceeding shall be entitled
to recover, in addition to all other available relief, its reasonable attorney’s
fees and costs incurred in connection therewith, including attorney’s fees incurred
on appeal.
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29. Agreement Modification
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29.1. I fully understand and agree to be bound by these Agreements and as
modified and/or amended by the PawnShark website from time to time.
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29.2. The PawnShark website may amend these Agreements at any time either
by emailing me notification of the new terms and/or by publishing the modified Agreements
and/or agreements on the relevant page of the Platforms or any place through which
I access the Services.
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29.3. Any such modification will take effect within thirty-five "35" days
of publication. If any modification is unacceptable to me, My only recourse is to
terminate these Agreements and my account.
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29.4. My continued use of the Services following notification or as the case
may be such thirty-five "35" day period will be deemed binding acceptance of the
modification.
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29.5. It is My sole responsibility to review these Agreements and any amendments
each time I play. 29.6.These Agreements and the documents referred to herein represent
the complete and final agreement between Me and the PawnShark website in relation
to this agreement and supersede any and all prior agreements between Myself and
the PawnShark website. 29.7.All headings, headers and numerical reference points
sole purpose is intended for reference and in no instance whatsoever will I assume
that their purpose is anything beyond titles or reference points.
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