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Terms and ConditionsRead the Terms and Conditions carefully, as they detail the rules you have to follow while using the King.com Service. 1 Introduction. These Terms and Conditions of Service (“Terms of Service”) is an English language legal document which sets out your rights and obligations, and those of Midasplayer.com Limited, a company registered in England under registration no. 4534247 and with VAT number 815 0106 77 ("King.com", "we", "us" and “our”), in relation to this site and the services offered by King.com through it (the "King.com Service"). By accessing this web site and/or registering for the King.com Service, you agree to the terms of these Terms of Service. You may access these Terms of Service at any time by using the link to these Terms of Service on the bottom of each page of the King.com Service. We may revise these Terms of Service at any time in accordance with Clause 26 below, and your continued use of the King.com Service, or your Account, shall be deemed irrevocable acceptance of those revisions. YOU MAY NOT USE THE KING.COM SERVICE TO PLAY SKILL GAMES FOR MONEY UNLESS YOU ARE AT LEAST 18 YEARS OF AGE. 2 The King.com Service. The King.com Service provides our Members with the ability to play the games we provide here and to participate in tournaments with other Members. Generally any game where we provide a cash prize is a game of pure skill, or otherwise complies with the legal requirements for cash games permitted in an applicable jurisdiction. For more information regarding the legal requirements for games, see Section 7, below. Thus, when participating in a tournament with other Members, it is generally your speed and skill in playing the game that is assessed against other members, and the winner will be the Member who, through skill and judgment, scores the most points in the relevant game. You should familiarize yourself with a game before entering a tournament. We are not responsible for your access to the Internet. In order to use the King.com Service, you must have Internet access and the skills required for web usage. The ‘Fun & Social’ category of Games contains games of chance that can only be played for free and no prizes can be won when playing these Games. The games and tournaments offered at King.com will function best if your computer meets the technical requirements described in the Technical section of our FAQ’s. It is your sole responsibility to confirm the technical compatibility between your computer system and the King.com Service. 3 Registration and Membership. You may become a Member of King.com without paying any money, or giving us any credit, debit or charge card or Paypal information. When you register, we may grant your Account with non-withdrawable credits with which to participate in games on the King.com Service as a practice player. You are able to use these funds to play our games, but may not remove them or win anything of value when you use them, except as explained in the Player status section in our FAQ’s. You may only play games and tournaments for money if you upgrade your Membership and become a Gold Member. When you upgrade your Membership to Gold status, you will need to deposit money in your account using a credit, debit or charge card, or Paypal account, and you will then be able to play games or enter tournaments where you may win money, as explained in the Player status section in our FAQ’s. To become a Member, you must be at least 18 years old, register for the King.com Service and establish an Account. By registering, you represent that you are at least 18 years of age, and that you are not prohibited in any way from participating in the games and tournaments we make available. It is your responsibility to ensure that national, state or other laws to which you are subject do not adversely affect your right to participate. Once you have established an account and registered, our games will be made immediately available for your use. As a result, you will not have the right to cancel these Terms of Service, or if you have upgraded to Gold status, to any refund of monies you pay to play a game, nor will you have the benefit of any “cooling-off” period under any statute or law, including the United Kingdom’s Consumer Protection (Distance Selling) Regulations 2000. You undertake to register for the King.com Service using accurate and current information about yourself. If you are asked for, and provide, details of a credit, debit or charge card, or Paypal account, you must ensure that (a) you are fully entitled to use that card or account, and (b) it has available funds sufficient to cover the charges that are deducted from it. 4 Games, Winners and Prizes. The number of players participating in a tournament, and their relative skill, determine the result of the tournament. The Player status and Money section of our FAQs provide further information about how you can participate in our tournaments as a practice player and a cash player. They form part of this Agreement so you should take the time to read and understand them. The prize amount of all cash prize tournaments will be disclosed at the outset of each tournament, except in cash progressive jackpot tournaments where the cash prize will be dependant upon the number of participants in the tournament. A cash progressive jackpot tournament is open to as many players as wish to participate up to a certain time specified by us, and the prize associated with the tournament will increase as the number of participants admitted to the tournament increases. Cash prizes less any withholding tax that we are required by law to pay directly to the US Internal Revenue Service (IRS) on behalf of a Member (together with any standard information that the IRS may require us to provide in relation to such cash prizes) will be deposited directly into a winning Member’s Account and will usually be available within thirty (30) minutes of a tournament's conclusion. Where a cash tournament ends before its scheduled closing, the prize for the tournament will be reduced to reflect the proportion borne by (a) the number of participants in the tournament when it closes, to (b) the maximum number of participants intended for that tournament. Game rules, scoring, controls and guidelines for all tournaments offered by King.com can be found at each specific game section. Any questions or comments regarding this information should be sent to our Customer Support using the dedicated form here. At the conclusion of each tournament, King.com will list the Usernames and scores of the winning Members. The lists will only be available to the participants of the tournaments. We will also regularly update the site's various high scorer tables. For tournaments with substantial prizes the tournament conclusion and posting of winners may be delayed for up to 5 working days by King.com to allow for verification of result and prevention of abuse. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to King.com in the amount of such wrongfully attributed winnings. If you provide materially misleading, inaccurate or incomplete information in your Account, King.com will be entitled to terminate your Account and cause you to forfeit any prizes you may have won, as well as exercise any legal remedies we may have as a result of such conduct. 5 Privacy policy. By registering for the King.com Service, you give your consent to the way we may handle your personal data, as described in our Privacy Policy 6 Accounts. A person may open only one Account, which must be funded by that person, and not anyone else. We monitor compliance with this requirement and you grant us the right to check for unique email addresses, real world addresses, credit card numbers and/or any other payment forms used to establish an Account. If any Member is discovered to have breached this requirement, King.com has the right to close the relevant Account and to consolidate all or part of the funds in the additional Accounts to the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any withdrawal requests that have been paid on the additional Accounts. All winnings are forfeited. Furthermore, King.com has the right to compensate itself from the transferrable sum by taking an amount which equates to any transaction costs we have incurred as a result of transactions on or through the relevant multiple Accounts. Continued breach may, at our discretion, result in the termination of all the relevant persons’ Accounts and the banning of violators from the King.com Service. We may terminate all affected Accounts if we conclude, in our sole discretion, that more than one of such Accounts is being operated by, or is under the control of, a single person. We will not be liable to you for any loss that you may incur as a result of an unauthorized person accessing your Account, and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise. You are responsible to ensure that your Accounts Password is kept completely secret. By opening an Account, you agree to allow King.com access to your Account information to investigate complaints and/or other allegations of abuse. At the termination of an Account, a sum equal to the remaining withdrawable funds in the Account will be returned to the Member. Deposits of funds made in the Account, less any withdrawals that have been made on the Account, will be credited by means of a credit to your nominated PayPal account. Where we determine in our sole and absolute discretion that there may be fraudulent activity on an Account, we will withhold the payment of withdrawable funds to a Member until the matter has been resolved and/or until the end of the charge-back period which applies to the payment method used to pay-in the relevant funds. 7 Legality.King.com constantly monitors the legal requirements of the jurisdictions from which its games are accessible in order to determine the appropriateness of cash games in those jurisdictions. In addition, we monitor the location from which you appear to access the King.com Service and we use techniques which are intended to block access from any jurisdiction in which participation in the King.com Service is illegal or restricted, as we may determine in our sole and absolute discretion. Accordingly, King.com may require a Member receiving any prize to provide proof that he or she is eligible to participate in the applicable cash game, and if we determine in our sole and absolute discretion that you were not eligible, we may refuse to award the prize. You must comply with the laws which apply to you in the state in which you access the King.com Service. If any laws applicable to you restrict or prohibit your participation in the King.com Service, then you are responsible for complying with those legal restrictions. Prohibited US states - Cash games. If you live in the following states you are not eligible to play cash games:
King.com may add to or change this list from time to time in its sole discretion based upon its monitoring of applicable legal requirements. In addition, in certain states, although you may be eligible to participate in cash games generally, we may block access to certain specific games if we determine in our sole and absolute discretion that such access may be illegal or restricted. 8 Operation of King.com Services. We have the right to withdraw or modify one or more games or aspects of the King.com Service in our sole and absolute discretion. Typically, we will do this only where we have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the King.com Service, and (b) technical difficulties experienced by King.com or on the Internet generally. There may also be times when the King.com Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the King.com Service. 9 Abuse of the King.com Service. Members may not use unfair methods on the King.com Service. Generally, any technique other than the use of pure skill in the conduct of a game is unfair for these purposes. Such techniques may include, but are not limited to, use of multiple Accounts (see Clause 6 above), use of program codes or commands or any adapted hardware or software to assist play, impersonation of another Member, or deliberately losing games for the purpose of gaining a competitive advantage. Further, Members may not conduct themselves in such a way as to produce a disruption or malfunction of the King.com Service. 10 Suspension and Termination for Breach. In the event that we determine, in our sole and absolute discretion, that a Member has breached these Terms of Service or otherwise engaged in abuse of the King.com System, we may (a) suspend or terminate such Member’s access to the King.com Service, or any portion of it, and (b) cause such Member to forfeit from the relevant Account(s) all winnings. Any person whose Membership or access has been suspended or terminated shall not be permitted to re-register for, or re-access, the King.com Service without our prior consent. You are responsible for everything that is done on or through the King.com Service while your Account is logged on to the King.com Service. 11 Relevance. The King.com Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members may not: 12 Fees. There are standard fees for all cash Accounts as follows: Withdrawal Fee: All withdrawal requests will require a $1 per request processing fee. In the eventuality that the Account balance is lower than the withdrawal processing fee the withdrawal request will not be completed. Inactivity Fee: If you do not regularly use your account, we may charge additional fees. An inactivity fee may be charged to an Accounts that has less than 5 completed cash games in a 30-day period. The 30-day period is based on the player’s initial deposit date. All subsequent periods will be T 30, T 60, T 90, etc., with T being the day of initial deposit. The inactivity fee is $1 per 30 days of inactivity. If the Account balance is less than $1 at the end of a 30-day period, we may cause the remainder of the Account balance to be surrendered. After an inactivity fee is charged, we may require that an additional deposit be made before the next 30-day period ends, or we may close the Account. An Account that has been closed for inactivity may be reactivated with a new deposit. We may change our fees, or add new or ancillary services from time to time which require the payment of fees either to us or a nominated third party, on terms which will be provided to you at the time. 13 Unallocated Member Funds. From time to time, King.com holds funds that are not allocated to a Member. This particularly occurs if a Member’s winnings are forfeited, or if we are unable to place funds in an Account because it has been cancelled by the Member. We do not wish to keep unallocated Member funds, but instead give them back to our players for training purposes. Therefore, all unallocated Member funds are put into Freeroll tournaments on the King.com site. Freeroll tournaments are prize tournaments with free entry, and are open to all Gold Players with qualifying skill rankings. 14 Prohibitions. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not King.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the King.com Service. King.com does not control Content posted on the King.com Service by third parties, and as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the King.com Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will King.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the King.com Service. You agree not to: • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; • use the King.com Service to harm minors in any way; • use the King.com Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the King.com Service; • remove any proprietary notices from the King.com Service; • cause, permit or authorize the modification, creation of derivative works, or translation of the King.com Service without the express permission of King.com; • use the King.com Service for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein; • use the King.com Service for fraudulent or abusive purposes; • attempt to decompile, reverse engineer, disassemble or hack the King.com Service, or to defeat or overcome any encryption technology or security measures implemented by King.com with respect to the King.com Service and/or data transmitted, processed or stored by King.com; • harvest or collect any information about or regarding other Members or Members’ Accounts, including, but not limited to any personal data or information; • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the King.com Service are able to type, or otherwise act in a manner that negatively affects other users' ability to compete in games or engage in real time exchanges; • interfere with or disrupt the King.com Service or servers or networks connected to the King.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the King.com Service; • use the King.com Service to intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or • use the King.com Service to "stalk" or otherwise harass another. In addition, the United States Digital Millennium Copyright Act (DMCA) defines certain procedures necessary to report copyright infringement on our site. If you believe Content posted by a user on our site is infringing upon your copyright, visit our Report and Respond to Infringing Materials page. 15 Alerting King.com. If you see anything on the King.com Service which you believe to be an abuse of the King.com Service, or which may infringe these Terms of Service, please contact us to inform us of it by using the "Report Abuse" function, or by emailing us here. 16 The Refer-a-Friend Policy. The terms for our Refer-a-Friend Policy will be made available to you at the time when you participate in it. 17 Withdrawal of Material. We will remove any material on the King.com Service which we determine in our sole and absolute discretion is capable of breaching any part of these Terms of Service, or which may bring the King.com Service into disrepute. However, each user acknowledges that we do not actively monitor material which is contributed by Members on the King.com Service, and we make no undertaking to do so. 18 Disclaimer and Release. IN NO EVENT SHALL KING.COM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR OTHER DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF KING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE KING.COM SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE KING.COM SERVICE. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. 19 Intellectual Property; License. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the King.com Service, other than material which is contributed by Members, are owned by King.com or its licensees. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the King.com Service, or any of the material which is found on the King.com Service, unless properly licensed to do so by (a) us, and (b) where material contributed by one or more Members is concerned, by the Member(s) in question. By submitting any material to the King.com Service, you: - are representing that you are fully entitled to do so, and you grant us a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing, display and use on and through the King.com Service in accordance with these Terms of Service, and you authorize us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question. King.com grants you a limited license to access and use the King.com Service subject to the terms and conditions of this Terms of Service. However, this license does not allow you to make any commercial use or any derivative use of the King.com Service (including any of its individual elements or content). 20 Maximum Liability. Without limiting anything else contained in these Terms of Service, during any period of twelve months, the aggregate liability of King.com under these Terms of Service (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of (a) $10, or (b) an amount equal to the sums you have paid into your Account during the relevant period of twelve months, regardless of the cause or form of action. 21 Non-excluded Liabilities. Nothing in these Terms of Service limits King.com's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected. If (a) there is a technical failure of the King.com Service which causes, as a result, a tournament to be uncompleted, and (b) it is determined by us with certainty that the responsibility for the failure lies completely within our control, then, after examining the cause of the malfunction, King.com will refund your Account with an amount up to the equivalent in cash entry fees that were charged to your Account for joining the particular tournament. We do not have any liability to pay winnings which may potentially have been won in an uncompleted tournament. 22 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms of Service by you or through a machine on which you access the King.com Service. 23 Assignment. We reserve the right to assign these Terms of Service, and to assign or subcontract any or all of our rights and obligations under these Terms of Service. You may not without the written consent of King.com assign or dispose of your Account or these Terms of Service. 24 Entire Agreement. These Terms of Service contains the whole of the agreement between us and you concerning the King.com Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms of Service has no right to rely upon or enforce any term of these Terms of Service. 25 Changes to these Terms of Service. King.com reserves the right to change these Terms of Service from time to time, and post the new version on the King.com Service. When we do so, we will indicate that there are changed terms on the main screen of the King.com Service. Thereafter, your continued use of the King.com Service will constitute your acceptance of the new terms. If you do not wish to be governed by the new Terms of Service, you must cease to use the King.com Service. 26 Severability. In the event that any term of these Terms of Service is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms of Service shall remain valid and enforceable. 27 Law. These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. 28 Contact. You can contact us by email using the dedicated form here These terms and conditions were last updated on 13th of May 2008.
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