Terms and Conditions
 
 
 
1. Terms
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 .
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.
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.
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.
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

2. Modifications

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.

3.Limited License

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.

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.

3.3. The Content on PawnShark.com is for My personal use only and not for any commercial exploitation whatsoever.

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.

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.

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.

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.

3.8. Any unauthorized use of this PawnShark website or its Content is prohibited.

4. Intellectual Property Rights

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.

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.

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.

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.

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.

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.

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.

5. Legalities and Jurisdictions

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.

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.

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.

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.

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,

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.

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.

6. Play at my own risk

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.

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".

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.

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.

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.

7. Content License

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.

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.

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.

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.

7.5. In no event may any person or entity solicit anyone with data retrieved from PawnShark website.

8. Third Parties

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.

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.

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.

9.User Fraud And Cheating

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.

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.

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.

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.

9.5. Furthermore, I agree to report any such Bug to customer service immediately upon discovery.

9.6. Any form of cheating on PawnShark website, as determined at PawnShark website's sole discretion, is strictly forbidden.

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.

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.

9.9. In addition, PawnShark website may pursue claims for criminal prosecution and/or civil damages for any form of cheating.

9.10. The use of any software program or device that facilitates artificial intelligence, such as a chess engine, is strictly prohibited.

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.

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.

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.

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.

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.

10. Security

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".

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.

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.

11. Complaints

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.

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.

12. Limits on Winnings

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.

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.

13. Identity Fraud

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.

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.

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.

14. Account Discloser

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.

14.2. I agree to keep My Account name and password secret and confidential and not to allow anyone else to use it.

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.

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.

14.5. The PawnShark website shall not be required to maintain Account names or passwords.

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.

15. Program Errors

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.

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.

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.

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.

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.

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.

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.

15.8. PawnShark website may make improvements and/or changes to its features, functionality or content at any time.

16. Warranty disclaimer

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.

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.

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.

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.

17. Liability limitation

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.

18. Indemnity

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.

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.

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.

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.

19. Power Of Currency

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.

19.2. The PawnShark website may use third-party electronic payment processors and/or financial institutions to process such financial transactions.

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.

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.

20. Abandonment Of Accounts

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.

20.2. Once My Account has been deemed Inactive the PawnShark website is entitled to charge me an administrative fee or "Inactive Account Fee".

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.

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.

21. Etiquette

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.

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.

21.3. I will not make malicious, false, slanderous, or bogus public statements and/ accusations about other users of the PawnShark website.

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.

22. Termination

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.

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.

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.

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.

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.

23. Governing Law

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.

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.

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.

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.

24. No Relationship

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.

25. Communication

25.1. All communications sent or received on PawnShark website are public domain and are entitled to absolutely no privacy.

25.2. All messages transmitted to PAWNSHARK WEBSITE shall be deemed to be readily accessible to the general public.

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.

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.

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.

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.

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.

26. Acts Of God

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.

27. Severability

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.

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.

28. Fees

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.

29. Agreement Modification

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.

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.

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.

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.

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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