Terms & Conditions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS PLEASE DO NOT PARTICIPATE IN PLAYERS CHALLENGE 2005

Welcome to Players Challenge and thank you for visiting our site. Players Challenge, LLC. operates the PlayersChallenge.com online service and website. In order to provide you with our information and services we have established some basic rules, terms and conditions designed to ensure maximum enjoyment and fair play by all of our users. As a registered user and/or online visitor to our site you are subject to all Terms & Conditions that apply. We may update this information from time to time without prior notice to you. You are responsible for regularly reviewing this information.

Players Challenge provides users with access to a collection of resources, including links to various sites and content outside of Players Challenge. Players Challenge has not reviewed all of the sites and/or all of the pages that are linked to the Players Challenge site or those sites to which Players Challenge links. The fact that a link exists does not indicate approval or endorsement of any material contained on any linked site. Players Challenge does not accept responsibility for the content, products or services of any of these sites. Your connection to any such linked site is at your own risk. Additionally, you agree that you will not use this site for any unlawful or prohibited behavior. Unless stated otherwise, any new features shall be subject to these Terms & Conditions.

Players Challenge does not promise or otherwise state that access to this site will be error-free, uninterrupted or produce specific results for you as a result of usage of this site. The Players Challenge site, services and content are delivered on an as is and as available basis. Players Challenge does not guarantee that files downloaded will be free of viruses or other harmful features. Players Challenge disclaims all warranties, expressed or implied.

You agree that Players Challenge may terminate your access to this site and services at any time for any or no reason, with or without notice to you. Upon termination of your access, we may delete any account or profile you may have established with this site. You expressly agree that Players Challenge will not incur any liability whatsoever, to you or to any third party, under any cause of action which arises from or is related to such termination of access or deletion of account.

You understand and agree that Players Challenge may, with or without notice to you, modify or discontinue the Players Challenge site and services. You expressly agree that Players Challenge will not incur any liability whatsoever, to you or to any third party, under any cause of action which arises from or is related to such modification or discontinuation of this site and services. CHANGES:

Players Challenge reserves the right, at any time, to (i) change the terms of this Agreement or any Operating Rules, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. Users will be given a minimum of thirty (30) days notice prior to any increase in existing fees or charges becoming effective. All other changes shall be effective immediately upon notice. Any use of the Service under a User's Account after such notice shall be deemed to constitute acceptance by the User of the changes.

USER ACCOUNT RESPONSIBILITY AND FEES
The User is responsible for ensuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement and all Operating Rules. The User is responsible for maintaining the confidentiality of his or her password. If the User believes that his or her account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of User's password), User must promptly change his or her password and notify Players Challenge as set forth below to avoid liability for any unauthorized charges to User's Account. The User is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the User's Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges (including subscription fees) are non-refundable. The User may, upon request (by electronic message or conventional mail), receive supporting information relating to charges to the User's Account. Orders for purchases of merchandise or Services advertised on the Service by Players Challenge or Merchants are subject to availability and acceptance. Players Challenge is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by Players Challenge. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges). Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law. The User is responsible for protecting the confidentiality of the User's password. The User is responsible for and must provide all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service.

PRICE & PAYMENT
Players Challenge and/or PlayersChallenge.com offers Premium Content, Subscriptions and/or Pay Games. Users must provide Players Challenge with valid credit card information at the time of purchase. All fees will be charged at the standard fees in effect for that Premium Content, Subscription, or Pay Game at the time the fee becomes payable. Players Challenge will not automatically renew Premium Content, Subscription, or Pay Game purchases.

ONLINE CONDUCT
The Web Site is intended for the users' personal enjoyment. You agree and acknowledge that the Web Site and any bulletin board or chat room on the Web Site, if any, are public and not private communications. Web site users ("Users") shall use the Web Site for lawful purposes only. On occasion, a bulletin board or chat room may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent Players Challenge’s views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such chat rooms or bulletin boards. While we cannot review every chat room or bulletin board or the placement of every link, and are not responsible for the content or the placement of any link to another site, we reserve the right to modify, delete, move or edit content, chat rooms and bulletin boards or have such links removed if they are unlawful, inaccurate, abusive, profane, defamatory, vulgar, obscene, racist, threatening, hateful, or otherwise objectionable or which encourages conduct that would constitute a criminal offense, in violation of an existing copyright, give rise to civil liability or otherwise violate any law, or without the express prior written consent of Players Challenge any advertising or any solicitation with respect to products or services material, or otherwise unacceptable in their nature or placement.

TERMINATION
Either Players Challenge may terminate this Agreement and the User's Account at any time, with or without cause. Players Challenge may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or any Operating Rules or for other conduct by the User which Players Challenge, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. Players Challenge shall not be responsible for any consequences of such lack of access. Suspension or termination of a User's Account by Players Challenge also terminates the User's license to use any software provided by Players Challenge. The provisions of this Agreement will survive the termination of the Agreement or the User's Account, whether by Players Challenge or the User.

LINKS AND ADVERTISING
From time to time, the Web Site will contain hyperlinks ("Links") to third party web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Such Links and Advertising are for your reference only, and we neither control such linked web sites or Advertising nor are we liable or responsible for their content. Display of such Links or Advertising on the Web Site does not imply or express any endorsement by us or any individuals or entities referred to in the Content on such linked web sites, or of such Links or Advertising, or any association with their operators. You may direct any comments or concerns that you may have regarding any such Links or Advertising on the Web Site to us, as set forth in Section 16. User is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such web site operators or Advertisers. Other web sites may also have a link to our Web Site posted on their web site; you hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.

CONTENT
PlayersChallenge.com contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this Agreement or the Operating Rules, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use, provided the User preserves any copyright or other notices contained in or associated with them. Players Challenge shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized PlayersChallenge.com or Players Challenge, LLC spokesperson. Service advertisers, Content Providers, User, guests, independent writers and experts are not authorized PlayersChallenge.com nor Players Challenge, LLC spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, the User is granted only a personal, nonexclusive and nontransferable license to use such software, and unauthorized copying of software is prohibited.

USER INDEMNITY
You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, interest holders, stockholders, officers, managers and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Web Site on any web site or in any e-mail, or (iii) your use of the Web Site or participation in any activities arising from this Web Site, including but not limited to, the Services. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS, AGENTS, DIRECTOR, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, 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 DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, THE USER. YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR WEB SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PLAYERS CHALLENGE OR THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.

NEITHER PLAYERS CHALLENGE NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST PLAYERS CHALLENGE OR ANY OF ITS AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS, INTEREST HOLDERS, OFFICERS, MANAGERS OR CONTENT PROVIDERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.

NOTICE: ANY ATTEMPT BY A PARTICIPANT AND/OR PERSON(S) TO INTENTIONALLY DAMAGE THIS WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PLAYERS CHALLENGE, AND ITS PARTNERS, RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PARTICIPANT AND/OR PERSON(S) TO THE FULLEST EXTENT ALLOWED BY LAW. ALL MATERIALS CONTAINED ON THE PLAYERS CHALLENGE WEB SITE ARE THE COPYRIGHTED PROPERTY OF PLAYERS CHALLENGE. NO MATERIAL MAY BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. THE USE OF ANY PLAYERS CHALLENGE MATERIAL ON ANY OTHER WEB SITE OR COMPUTER ENVIRONMENT IS PROHIBITED. ANY PARTIES FOUND USING PLAYERS CHALLENGE MATERIAL FOR COMMERCIAL OR PERSONAL USE, WITHOUT THE EXPRESSED WRITTEN CONSENT OF PLAYERS CHALLENGE, WILL BE SUBJECT TO LEGAL ACTION.

MINORS
Subject to each of the Rules applicable to the Services, we welcome users who are 18 years of age or older. If you are a minor, your parent or guardian must accept and bear full responsibility and liability for all your actions when you use the Web Site.

Notice to California User:
As required by California Code Section 1789.3, this notice is to advise you of the following: a) PlayersChallenge.com is a service provided by Players Challenge, LLC., 11301 W. Olympic Blvd. Suite 489, Los Angeles, CA, 90064. b) The fees and charges for the Service vary depending on the premium features and games selected by the User. Players Challenge reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on thirty days' notice to the Users of the Service. c) If you have a complaint regarding the Service or desire further information on use of the Service, contact Players Challenge at the address above or by email. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814.

Miscellaneous
Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this section. Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements. This agreement shall be construed in accordance with the laws of the state of California, without regard to its conflict of laws rules.

Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Web Site. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

Last Updated June 1, 2005