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SECTION ONE – GENERAL INFORMATION

1.1 Terms and Conditions Binding

The Terms and Conditions and all other obligations and rules detailed in writing on the Site (collectively, the “Terms and Conditions”) are by and between Playhem.com (each, “Playhem”, “the Site,” “us,” or “we”) and everyone who uses the Site (each, “you,” “user,” or “player”). By using the Site, creating an account, and/or participating in any challenges, tournaments or services offered on the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. The Site may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically for any such modifications.

The Terms and Conditions constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms and Conditions, which will otherwise remain in full force and effect.

THE SITE RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY MEMBER WHO VIOLATES, OR WHOM PLAYHEM REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TERMS AND CONDITIONS OF SERVICE, AT ANY TIME WITHOUT NOTICE. IF A MEMBER ACCOUNT IS CLOSED DUE TO A VIOLATION OF THE TERMS AND CONDITIONS, PLAYHEM RESERVES THE RIGHT TO DETERMINE HOW THE MEMBER’S ACCOUNT BALANCE WILL BE DISTRIBUTED.

1.2 Governing Law and Disputes

The Terms and Conditions will be governed and construed in accordance with the laws of the state of Delaware, irrespective of any principles of conflicts of law.

By registering for an account and/or participating in any challenge or tournament offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Delaware, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement

The Terms and Conditions constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of the Terms and Conditions and posting such modifications on the Site.

1.4 Severability

If any portion of the Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

SECTION TWO – CONDITIONS AND OBLIGATIONS

2.1 Eligibility

In order to register and maintain an account on the Site, an individual must:
a) be a natural person, at least 18 years old, and who has had the email address submitted assigned to them as has been represented on the account registration form; 
b) be a citizen or resident of a country where skilled gaming is legal (as may applicable from state to state within a given country) (the “Territory”); 
c) by physically located in a Territory in which participation in the tournament you select on or site is unrestricted by law; and 
d) at all times comply with these T&Cs.
All registered account holders may play free or non-prizing tournaments on the Site. Members from certain Territories may choose to fund their accounts and also play entry-fee or cash tournaments. Playhem is under no obligation to, and does not, accept funded accounts from members in all Territories and may at any time refuse to permit the funding of a member’s account.

Additional Information for US Citizens and Residents The rules governing sweepstakes, contests, tournaments and skilled gaming with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, the Site DOES NOT offer games requiring a cash entry fee (“Cash Competitions”) to users accessing the site from the following statesAs such, Playhem CAN NOT, and therefore DOES NOT, offer fee-based tournaments or games with prizes to residents of the following states:Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these T&Cs, and subject to having your account suspended or terminated and all winnings (if any) voided.

By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions.

2.2 Information Required

Upon registration and/or during the processing of transferring funds into your account, you are required to provide the following information:
An alias that will be your username
A password
Your e-mail address
Birth-date
Full-name
Permanent residential address
Phone number
Credit card or other payment information

The information you provide must be a true representation of your credentials. If Playhem determines you are registering with purposely incorrect information, Playhem reserves the right to close your account. Playhem also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames. Please note that for every credit card deposit made, an authorization request in the amount of at least $10 will be applied to your credit limit, even if the actual amount charged may be lower. In addition, if your total winnings on the Site in any given year reach $600, the Site will request that you submit your social security number in order to send you an IRS Form 1099, or other appropriate form, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in the Site’s inability to credit your account for any winnings in excess of $600. Each day you wish to participate in a Cash Competition, you need to confirm the location from which you are playing.

2.3 Proof of Eligibility

Playhem may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize or the processing by Playhem of any withdrawal request. Participants may, at their option, pre-register their identification at any time prior to submitting a withdrawal request. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO PLAYHEM, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER’S ACCOUNT. For accounts that are terminated due to non-eligibility, funds previously deposited to the account will be refunded to the account holder.

2.4 Accuracy of Information

You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.

2.5 Limitations on Participation

You may establish only one account per person, and only up to two accounts per computer or IP or physical address, to participate in the activities offered on the Site. The Site reserves the right to monitor all activities on the Site, including without limitation, any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person or more than two accounts per computer or address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and Playhem may void any associated winnings. The Site also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.

The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site may also impose limitations on the net dollar amount you may lose or win on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these dollar amount limitations at any time in the Site’s sole and absolute discretion.

2.6 Accounts for Individual Use Only

You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these T&Cs, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under a member’s account will be deemed to have been done by that member.

2.7 Legality and Taxes

You are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. Access to the Site may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, express or implied, as to the lawfulness of your accessing the Site or participating in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

The Site reserves the right (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject tournament was played, eligible to participate according to the Terms and Conditions. Without limiting any contrary provision of the Terms and Conditions, if the Site monitors your access or participation on the Site, the Site shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any tournament or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless the Site for any liability, claims, and damages (including attorneys’ fees) arising out of or related to your violation of the Terms and Conditions.

It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, the Site may send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Site in any given year. Depending on the jurisdiction in which you reside, the Site may also send you additional tax forms. We do not withhold any taxes and you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.

2.8 Acknowledgment of Proprietary Rights

By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial in-home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.

2.9 Promotional Activities

By registering for an account, you agree that the Site may display your username and tournament records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.

2.10 Submissions

If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.

2.11 Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of the Site or to enforce the Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site’s disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Playhem utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of Playhem e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament- or game play- related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences under the My Account section of the website. To view the Site’s full privacy policy, click on the following link: Privacy Policy.

2.12 Recommended System Configuration

The tournaments offered on the Site will function best if your computer system meets the following requirements: See our Support section.

2.13 Chat, Message Board, and eMessage Policy

Code of Conduct:

• The Site reserves the right to temporarily or permanently ban users who violate these rules of conduct or who in any way abuse the community purpose of the chat areas, as determined by the Site in its sole and absolute discretion.
  
• The Site reserves the right to remove any post for any reason or no reason.
  
• You must be at least 18 years old to participate in any part on the Site.
  Profanity, obscenities, or the use of asterisks or other “masking” characters to disguise such words, is not permitted.
  
• Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by the Site in its sole and absolute discretion, will not be tolerated.
  
• Site usernames will be displayed as ‘Your Name’; impersonating other players is not allowed.
  
• Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
  
• Please limit posting on message boards or the Site to the subject of the Site’s games, message board or site content.
  
• Advertising or promotion of any kind, including without limitation other companies or URLs, is NOT allowed.
  
• Do not share personal information (your name, phone number, home address, and password) with others on the site.
  
• No patented, copyrighted or trademarked materials are allowed in messages.
  
• Information disclosed in the Site chat rooms, message boards, or via eMessages becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.
  
• Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.

2.14 Anti-Spam Policy

The Site is vigorously against the practice commonly referred to as “Spam”. Users who are reported and whose claims of “Spam” are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings (if any) may be voided at the sole discretion of the Site. The Site defines “Spam” as:
Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as ICQ);
The site may undertakes, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

Account Suspension: Upon the receipt of a credible and validated complaint, the Site may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a “Final” warning and will prevent the abuser from continuing their abusive “Spamming” behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.

Account Termination: By registering for an account and/or participating in any tournament or game offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse. Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings. Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the site.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse at info@playhem.com Please refer responsibly!

2.15 Fraud and Abuse

The Site strictly prohibits user fraud and abuse relating to the access and use of the Site. In accessing the Site or participating in any activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations and the Terms and Conditions and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in the Site’s sole and absolute discretion, as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of poker software or programs), intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players, the deliberate transfer of money between accounts (i.e. “money laundering”), harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the Site, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you shall be subject to immediate sanction (as determined by the Site in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Site access; (2) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; (3) any prizes, winnings and representative of value already received by you shall be subject to disgorgement and/or recoupment by the Site; and (4) in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed. Federal legislation. Without in any way limiting any provision of the Terms and Conditions, the Site expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys’ fees) and the right report you and such abuse to any and all relevant regulatory authorities or governmental agencies.

2.16 Withdrawal Requests

Users may request a withdrawal of funds from their available account balance at any time. Processing of requested funds back to a credit card or third party processing account may take up to five (5) business days; provided, however, the Site reserves the right to freeze a user’s account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse by a user requesting withdrawal of funds. All withdrawal of funds shall be subject to the Site’s remedies and sanctions set forth in Section 2.14.

If a player’s account is closed by the Site for a violation of the Terms and Conditions, that player’s winnings may be voided and not returned to that player. In such an event, the Site uses these winnings to defray the costs of administration and enforcement of the Terms and Conditions.

2.17 Account Deactivation for Non-Cash Players

An inactive Non-Cash Player account is any account in which the user has not logged in or played any games in six consecutive months. For any inactive Non-Cash Player account that is inactive, the Site reserves the right to deactivate the account. If your account is deactivated in this manner, you may be contacted by the Site to encourage you to revisit the Site. If you visit the Site after your account is deactivated, you may be required to open a new account in order to play games on the Site.

2.18 Third Party Payment Processors

Provider uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from Your Account. All payments into Your Account must be made from a payment source on which You are the named account holder. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Cash Account deposits and withdrawals from Your Account and You irrevocably agree that Provider may give such instructions on Your behalf in accordance with Your requests as submitted through the Website, or via instructions to Customer Care. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and Conditions and the Payment Processors’ terms and conditions, then these Terms and Conditions shall prevail. You agree that Provider is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with Your use of the Website, except as a result of the gross negligence of Provider or its employees.

SECTION THREE – GAME PLAY

3.1 Skilled Gaming For Prizes

Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. Playhem does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member’s chances of winning.
Prizes are generally cash amounts, which are deposited directly into winners’ accounts. The cash value of prizes offered in Limited Entry tournaments will be disclosed at the beginning of such tournaments. If a Limited Entry tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will still be paid. Except where otherwise noted, in all tournaments with actual cash entry fees, the Site retains a predetermined portion of the aggregate total as a management fee.

3.2 Winners Lists

A preliminary list of winners will be posted on the Site immediately following each tournament, except in the case of tournaments with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential Abuse. Final winners will be posted following completion of the applicable tournament.

3.3 Determination of Winners

The results and winners of each tournament offered on the Site will be determined by the Site, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.

3.4 Game Play

The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your online game. You may not (a) gain unauthorized access to the Site’s systems or any account (other than your own), interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site, (b) affect the outcome of your online game play on your platform by means of or with the assistance of automatic, macro, bots, automated programs, screen analysis utilities, any type of mods, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Site, or © alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially also civil and/or criminal prosecution. The Site, in its sole discretion, reserves the right to terminate any person’s account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek criminal and/or civil prosecution to the greatest extent possible.

3.5 Head to Head Play

You agree to appoint Playhem as your agent for the communication of posted challenges; and for receipt of communications matching your challenges. Posting a challenge means that the challenge is open for acceptance by the Site’s community.

You do not challenge the Site, you only challenge other users who are registered to use the Site’s service. The Site does not accept challenges on our own behalf under any circumstances.

The Site will only allow you to post a challenge if you are in compliance with the T&Cs. If the Site allows you to post a challenge and subsequently suspects that you are in breach of this agreement, we may, at our absolute discretion, void any challenges outstanding to your account and terminate your account.

You are entirely responsible for the information that you provide us concerning the challenge you post. We will not inquire into the reasonableness of any challenge you may post. We will not be liable for incorrect entries made by you on the Site, including data input errors.

Once you have posted a challenge, you agree to leave that challenge open for acceptance, subject to termination of the offer by us or your valid cancellation/removal of the offer. The Site may determine, at our absolute discretion, when the Site is open for the posting of challenges and may close the Site at any time at our absolute discretion.

3.6 Accepted Challenges:

When you accept a challenge as posted on the Site, you are not challenging with the Site but with other registered users who use the Site. Once you have accepted a challenge, you constitute full acceptance of the challenge terms and your commitment to play in that game. You will have up to one hour prior to the scheduled match time to cancel the challenge. Playhem reserves the right to cancel your match and retain your entry if you fail to play your scheduled game. By accepting a challenge, you expressly state that you have read and understood the nature of the challenge and the terms under which each member will execute the challenge.

SECTION FOUR – ACCOUNT FUNDS AND FEES

4.1 Deposits

To participate in a cash-entry match or tournament, you must have funds in your account. You may use any funds that Playhem may have already awarded you for promotional purposes, or you can transfer funds into your account by any of the methods permitted by the site from time to time. Such funds will be deposited into your account upon actual receipt of funds by Playhem. Minimum and maximum limits may be applied to the payments into your account, depending upon your history with the site, the method of deposit, and other factors as determined solely by Playhem. Playhem reserves the right to impose or change these dollar amount limitations at any time. No interest is payable on amounts on deposit in your account. All payments into your account must be from a payment source on which you are the named account holder. Playhem also reserves the right to require you to confirm or validate any or all deposits previously made to your account. You acknowledge that in the case of a dispute, your validation may be used by Playehm as evidence of your deposits.

Any attempt to defraud the Site and/or Playhem through the use of Credit Cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.

4.2 Entry Fees and Prizes

When a member participates in a Cash Game, the entry fees for such Cash Games are immediately deducted from such member’s account balance. These funds paid by the member represent a payment to the Company made solely for facilities provided by the Playhem site for the setting up and management of the Cash Game. By participating in a Cash Game and paying this fee to Playhem, each member acknowledges that these funds are held by the Company for such services and that the member grants an irrevocable authority to pay the winner of the Cash Game the prize associated with such Cash Game.
Members must also be aware that the total entry fees paid by members in any given Cash Game are not paid out as prizes as Playhem retains part of the entry fees as a service fee on all Cash Games played. This fee allows for the continued service and maintenance of the Playhem site and the development of additional features and content for the Playhem site in the future. The amount of the prize (or prizes) for each Cash Game is displayed in the “To Win” field of the challenge card and varies depending on the Cash Game being played, the size of the entry fees, the number of prizes and the number of people playing in the Cash Game or Tournament. At present, the cash prizes in each game or tournament represent 88% of the entry fees, although this is subject to change from time to time by Playhem without notice to you.

4.3 Withdrawal Requests

Members may request a withdrawal of funds from their available cash account balance in their Account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawing privileges will also be revoked for security purposes when account fraud is suspected.

The minimum withdrawal is $20 U.S. or the member’s entire balance (if less than $20 U.S.). All withdrawals are subject to a withdrawal fee (“Withdrawal Fee”) of up to $6 USD. Withdrawal of funds will be based on how you’ve deposited funds into your account in the past. If you have previously deposited via Credit Card, Debit Card, or other third party processor your card(s) and/or account will be refunded in the amount of and order by which previous charges have been made. Any balance that exceeds your previous deposit amounts will be sent to you via your requested manner.

Please ensure that any prepaid MasterCards or prepaid Visas that you may use to make transfers to and from your Account are active.

Most withdrawal requests through Credit Card, Debit Card, or other third party processors should be in your account within 5-10 business days. If you do not receive your withdrawal within 10 business days, please contact customer support at info@playhem.com

Checks will be mailed within 10 business days. Members may also go to their Transaction History on the Playhem site to see the status of checks pending. All checks will be mailed to the current address reflected on the member’s account. If a check is returned to Playhem, due to an incorrect address or any other reason, the member’s account will be suspended and the member will be contacted by email.

The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Playhem’s members. In the ongoing pursuit to prevent fraudulent behavior and account hijacking, Playhem reserves the right to require the account member or Credit Card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the member. Withdrawal payments will not be made until such verification is received; if Playhem has not received verification within 10 days, the withdrawal request will be cancelled, the account in question will be suspended, and the member will be contacted by email.

Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability.
Please note: Initial registration Bonus, withdrawal restrictions apply: (1) limit one bonus per household; (2) limit one bonus per PSN ID/XBOX ID/gamertag; (3) must participate in a minimum of three tournaments and/or head-to-head matches totaling at least the bonus amount; (4) bonus not withdrawable for 45 days; (5) general site Terms and Conditions apply.

4.4 Account Maintenance Fee

An inactive Cash Player account is any account in which the user has not logged in or played any games (money or free) in six consecutive months. For any inactive Cash Player account that is inactive, the Site reserves the right to assess a maintenance fee of $3.50 per month (“Monthly Maintenance Fee”). On the fifth month of inactivity, the Site will notify account owners via e-mail of their inactivity and the imposition of the Monthly Maintenance Fee.

4.5 Currency

All references to dollars or “$” on the site are references to U.S. dollars (USD). All transactions (including entry fees, deposits and withdrawals) will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of Playhem and we recommend that you contact your financial institution directly for more information.

SECTION FIVE – PLAYHEM FREE TO PLAY POINTS

5.1 Playhem Free To Play Points

Playhem Free To Play Points (“FTP Points”) are loyalty reward points awarded to members in good standing at Playhem. Points can be earned for completing a variety of member gaming and site activities. FTP Points may also be awarded as prizes for tournament results, as part of a promotion, or at the discretion of Playhem administrators for any behavior they deem warranted at any time.

A member’s Playhem Points balance will appear on their personal home page.
The USD value of a Playhem Point is zero. The Playhem Points program and member balances can be cancelled at any time at the absolute discretion of Playhem.
Playhem Points are loyalty reward points awarded to members in good standing at Playhem. Points can be earned for completing a variety of member gaming and site activities. Here is the most recent list of earning opportunities:

SECTION SIX– LIMITATION OF LIABILITY

6.1 General Disclaimer

BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OR CHALLENGE OFFERED ON THE SITE, YOU AGREE THAT:
(1) THE SITE IS NOT RESPONSIBLE FOR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2) THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) THE SITE IS NOT LIABLE OR RESPONSIBLE FOR LOSSES DUE TO VIOLATION OF THE TERMS AND CONDITIONS BY OTHER PLAYERS; AND (4) THE SITE IS HAS NO RESPONSIBILITY TO ENFORCE THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.

The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, refund the entry fee charged for that unfinished tournament entry only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament.

6.2 No Warranty

ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE APPROVED “AS IS”, WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

6.3 Credit Card Use

You agree that the Site is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Site.
Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.

6.4 Hacking, Tampering, or Unauthorized Access

By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site’s systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.

SECTION 7 – ENTIRE AGREEMENT AND DISPUTE RESOLUTION

7.1 Arbitration

Any dispute relating in any way to Your visit to the Website shall be submitted to confidential arbitration in Delaware except that, to the extent You have in any manner violated or threatened to violate Provider intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of Delaware. You and Provider agree that any Dispute between You and Provider shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”), using interpretations under Delaware law, and conducted under its rules, except as otherwise provided below. You and Provider will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Provider. The arbitrator may award reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the arbitration provision. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or iii) any other dispute arising out of or relating to the relationship between You and the Providers. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.

7.2 Waiver/Severability

The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.

7.3 Statue of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions or Privacy Policy must be filed within ONE YEAR after such claim or cause of action arose or be forever barred.

7.4 Entire Agreement

These Terms and Conditions constitute the entire agreement between the User and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions or Privacy Policy will be effective only if in writing and signed by Provider.

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NOLEGAL OR CONTRACTUAL EFFECT