Terms and Conditions

SECTION ONE - GENERAL INFORMATION

I. Terms and Conditions
Welcome to Gamevance. We are glad you have decided to join our gaming community. We look forward to your involvement with our sites and games. Before you begin delving into the vast services and content available on our site, please take a moment to review the Terms and Conditions. This Agreement is an agreement between you (referred to hereinafter as "Player", "Your," "Member," or "User") and Gamevance, LLC. It is important that you understand both the benefits we provide, as well as our limitations.

These Terms and Conditions apply to the web sites owned by Gamevance, LLC. (referred to hereinafter as either "GV", or "Gamevance") including, but not limited to Gamevance.com.

1.1 Terms and Conditions Binding
Registering for an account and/or participating in any tournament offered on Gamevance.com (“the Site”) signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Site may modify these 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 these Terms and Conditions periodically for any such modifications.

1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any 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 Orange County in the State of California, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These 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 these Terms and Conditions and posting such modifications on the Site.

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

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.

1a Eligibility (United States)
To open an account and/or participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.

The rules governing sweepstakes, contests, and tournaments 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 CANNOT offer fee-based tournaments with prizes to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and Tennessee.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.1b Eligibility (Non-U.S.)
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR

RESTRICTED BY LAW.

2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. 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, implicit or explicit, as to your legal right to participate 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 to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above. This proof can include requirement to provide photographs or copies of official government-issued ID.

It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

2.4 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 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, is 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 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 to you.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the names of all games, 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 these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

2.5 Promotional Activities
By registering for an account, you agree that the Site may display your player name 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 purposes without additional compensation.

2.6 Submissions
If you send comments 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 compensation to you.

2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your player name, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon establishing a Site account for entry to tournaments, you are required to submit the following information: full name, permanent residential address, phone number and a current photograph of yourself.

2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2.9 Privacy Policy
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, through emails to the site, 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 to enforce these 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. Gamevance 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 six types of Gamevance 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 Manage Account section of the website. To view the Site’s full privacy policy, click on the following link: Privacy Policy.

2.10 Chat & Message Board Policy

Rules of Conduct:

• The Site reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas.
• The Site reserves the right to remove any posts for any 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 will not be tolerated.
• Site player names 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.
• Advertising or promotion of other companies or URLs is not allowed.
• Please limit posting to the subject of the Site’s games, message board or site.
• Do not share personal information (your name, phone number, home address, password) with others on the site. Sharing your user name and password with others on the site can be immediate grounds for termination of your account and forfeiture of any prizes.
• No advertising of any kind is allowed in messages.
• No copyrighted materials are allowed in messages.
• Information disclosed in the Site chat rooms or message boards 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.

2.11 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. 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 undertake, 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. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the referral account, the loss of all referrals, the forfeiture of any unpaid referral gifts on account, a prohibition against any future membership, and the user will lose the right to compete in any tournament play.
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: abuse@ Gamevance.com Please refer responsibly!

2.12 Limitations on Participation
You may establish only one account per person and per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The site reserves the right to require validation of accounts, up to and including requirement of submitting a copy of valid government-issued ID, in order to monitor any effort to establish multiple accounts. 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 outside of the U.S. The site reserves the right to immediately terminate the accounts of any player who is found to reside outside the U.S. or of anyone who uses proxy servers and/or IP addresses of geographical areas outside of the U.S.

2.13 Abuse
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the opening and/or use of multiple accounts, solicitation of other players to ask for or offer "cheats" or aids, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and the Site, or any breach of the security of your account or the Site, which includes providing your user name or password to other players to play for you, (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion). Additionally, all rewards (if any) may be voided at the sole discretion of the Site.

SECTION THREE - DISCLOSURES

3.

1 Odds and Prizes
The results of all tournaments offered on the Site depend on the number and skill level of the players participating in such tournaments; precise odds of winning are therefore unavailable.

Prizes are generally “gifts”, which are sent directly to the winners physical address. The 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 be proportional to how full the tournament was at the time of closing.

3.2 Winners Lists
Lists 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 business days while verification of the results takes place in order to help prevent potential abuse.

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

3.4 Game Rules

a. Each tournament is free to play, no cash deposit is required.

b. Each day players compete in games to win the most points and earn the prize(s).

c. Tournaments last for 24 hours and then immediately refresh to a new tournament. At the end of the 24 hours a winner with the highest points total for each specific game wins a prize.

d. At the end of the 24 hour tournament all players will have their points flushed and reset. Everyday each player begins with the same amount of points.

e. You must live in the United States to be eligible to receive a prize.

f. Players receive additional points for each additional valid unique referral. Players may only refer the same person once.

g. There is no maximum on how many valid daily unique referrals a player can make.

h. Referral points can be used immediately or they can accrue and be applied to a specific tournament to increase your chances at winning the prize.

i. All winners will be subject to verification of account and identity in order to claim a prize.

SECTION FOUR - LIMITATION ON LIABILITY

4.

1 General Disclaimer
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 USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE 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.

4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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.
4.3 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 civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.

4.4 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any rewards, or participate in any tournament using your account information. If you are found to have allowed another person to access your account, access the Site, accept any awards, or participate in any tournament using your account information, the site reserves the right to terminate your account. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.

4.5 Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or tournament type or modify your rank or chip totals for any reason, including but not limited to any Abuse (see Section
2.14) by you.

By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse.

SECTION FIVE - MERCHANDISE PRIZES

5.

1 General Disclaimer
Terms and Conditions for tournaments with merchandise prizes are the same as cash prize tournaments, with the following exceptions:

5.2 Substitution
Players may request from the Site an offer of cash payment in lieu of any prize won, although the Site is under no obligation to grant such request. If the Site elects, in its sole discretion, to offer a cash payment in lieu of any prize won, the Site reserves the right to determine the exact amount of the cash offer, even if such cash offer may be less than the value of the prize. The player may then elect to accept the Site's cash offer, accept the original prize, or decline both and take nothing. The Site also reserves the right to credit the account of a merchandise prize winner with cash (the amount of which is in the Site's sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than 30 days.
If a prize has become suddenly unavailable, or if the player is outside the continental U.S. or if there are other difficulties in shipping, however, the Site has the right to substitute freely the cash equivalent (determined by the Site's estimated cost to obtain the merchandise prize, and not the manufacturer's suggested retail price or any other price) for any merchandise prize. Players cannot return or exchange prizes that have already been sent for game or cash credits.
For all merchandise tournaments, a minimum number of user entries is required in order for the described prize to be awarded to the tournament winner. If the number of user entries falls below this minimum, the prize will be cash.

5.3 Limits of Play
Each player can participate in as many daily tournaments as they wish. Two players from the same household or who share a computer address cannot both win a prize. In such a case, the higher-scoring player will appear on the Tournament Standings Page and receive the prize; the other player will not appear on the Tournament Standings Page.

5.4 Ties
In the event of a tie in any tournament, the prize is given to both players.

5.5 Taxes
Users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize. The value of the prize will be posted to your account as winnings, and will be deducted from your account as a withdrawal (corresponding to the shipping of the merchandise). Thus, there will be no change in the dollar value of your account, but your year-to-date winnings will increase.

5.6 Delivery Time
Unless otherwise specified, merchandise will ship within 30 days of the date the prize is claimed by the winning player. All goods are shipped F.O.B. Origin, and accordingly the Site takes no responsibility for any damage incurred during shipping. Costs of shipping are borne by the user. In certain specifically disclosed merchandise tournaments, the Site may choose to bear the cost of shipping within the continental U.S., although the Site is under no obligation to do so.

5.7 Warranties
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Site is responsible for initial defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer‘s warranty, the merchandise is offered “as is”, and the Site is not responsible for any defects, use or misuse or repairs. The Site makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.

5.8 Travel Prizes
Prizes involving travel and tourism will be from a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. The Site is not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor is the Site responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.

5.9 Other Prizes
For prizes requiring local, state or federal licensing or approval (e.g. a driver’s license for an automobile), players must provide evidence of such licensing or approval within one week of the initial request for such information, or the prize may be voided.

SECTION SIX – Gamevance CHIPS PROGRAM

6.

6.0 Overview of the Gamevance Chips Program
The Gamevance Chips Program (the "Program") is a redemption program sponsored by Gamevance, LLC. ("Gamevance ") through which individuals can earn Chips ("Chips") when individuals perform various tasks, specified below.
Individuals may redeem their Chips towards their total Chip balance in tournament play.

6.1 Eligibility
The Program is void where prohibited by law. Individuals eighteen (18) years and older may participate. The Program is open only to legal residents of the 50 United States except for residents from Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and Tennessee may not participate in the Program. Residents residing outside of the United States are eligible to participate subject to the limitation set forth in Section 6.6 below.
Employees of Gamevance and its respective related companies, agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate.
Participation in the Program constitutes the participant's full and unconditional agreement to these Terms and Conditions.

6.2 Duration of Program
The Program begins at 8:00am on July 7, 2005. Gamevance reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time.

6.3 Enrolling in the Program
Individuals may enroll in the Program at http://www.gamevance.com (the "Website"). Enrollees in the Program are (a "Chips Player", collectively "Chips Players"). Each Chip Player will have an account, which indicates the number of Chips earned by such Chips Player ("Account").

6.4 Earning Chips
In order to earn Chips you must be a Gamevance Member. The activities may include, but are not limited to: Becoming a Member, entering tournaments, number of referrals, games played in a week, and/or participating in special events.

Gamevance reserves the right to modify the Chips award schedule at any time without prior notice.
Gamevance reserves the right to change, add, or remove the methods by which Chips Players can earn Chips. Chips Players are responsible for the payment of all local, state and federal taxes, which may result from the reward(s) received as part of the Program.

Gamevance reserves the right to validate any potential Chips and it will be subject to verification by a judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Chips will not be awarded until after the verification process is complete. Validation and potential Chips are subject to verification and are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels or (b) any part is counterfeit, altered, defective, tampered with or irregular in anyway.

Each Chips Player is responsible for ensuring the accuracy of his/her Account. Chips Players are encouraged to check their Accounts to ensure that the correct number of Chips have been accrued to his/her Account.
If a Chips Player believes that Chips were not properly accrued to his/her Account, the Chips Player must notify Gamevance.

Gamevance 's decisions regarding the awarding of Chips are final and binding. Actions by enrollees that are determined to be invalid or improperly obtained for any reason are subject to disqualification and the corresponding Chips will be removed from the Chips Player's Account.

6.5 Expiration of Chips
Gamevance reserves the right to void all Chips for any Chips Player that has been inactive for twelve consecutive months. An inactive account is any account in which the Chips Player has not logged in or played any games in twelve consecutive months.

6.6 Redeeming Chips
Chips Players may only redeem chips if they are a Member at Gamevance. Eligible Chips Players residing in the United States may redeem their Chips towards any given tournament. The Chips will count towards their total Chips Balance for that given tournament, increasing the Chips Player’s chances at winning the tournament. Players residing outside of the United States will be ineligible from redeeming Chips. Chips Players must comply with all terms and conditions of the Partner websites, including any shipping restrictions.

Gamevance reserves the right to modify the Redemption Partner Chips levels at any time during the program.
Any Chips remaining in a Player's Account at the end of the Redemption Period will be forfeited. The Chips have no cash value and are only redeemable towards the chip balance in a given tournament.

6.7 Modifications and Termination of the Program
Gamevance reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to, the Partners in the Program, the duration of the Earning Period, the duration of the Redemption Period, the amount of Chips associated with each action of the Gamevance Enrollee, the actions through which Chips Players may earn Reward Points, the number of Reward Points that may be redeemed through the Program, and any of the options made available to Chips Players with respect to their Accounts at any time, with or without notice, even though these changes may affect a Chips Player's ability to accrue or use his/her Chips.

Gamevance reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Chips Player's ability to accrue or use his/her Chips. Chips Players will have 30 days from date Program termination is announced to redeem their Chips.

A Chips Player's continued participation in the Program constitutes the Chips Player's acceptance of any changes to these Terms and Conditions. Chips Players are responsible for remaining knowledgeable as to any changes that Gamevance may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at http://www.gamevance.com and will supersede all previous versions of these Terms and Conditions.

6.8 General Terms and Conditions
Gamevance reserves the right to discontinue the participation privileges of any Chips Player who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated Chips, and benefits. In addition to discontinuance of participation privileges, Gamevance shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Chips for combined use.
Chips do not constitute property of a Chips Player and may be revoked by Gamevance at any time as set forth herein. Chips may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Gamevance is not responsible for any incorrect or inaccurate information supplied by Chips Players while participating in the Program.

All questions or disputes regarding eligibility for the Program, earning or redemption of Chips, or a Chips Player's compliance with these Terms and Conditions will be resolved by Gamevance in its sole discretion.
6.9 Limitation of Liability

By participating in the Program, the Chips Player acknowledges that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Gamevance is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Chips Player, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Gamevance, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF Gamevance IMPROPERLY DENIES A POINTS PLAYER ANY REWARD POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARD POINTS. BY PARTICIPATING IN THE PROGRAM, A POINTS PLAYER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Gamevance, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered on the Partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, Gamevance AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program.

As a condition of participating in this Program, Chips Player agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Orange County, California; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will Chips Player be permitted to seek recovery for, and Chips Player hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Chips Player and Gamevance in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

These Terms and Conditions constitute the entire agreement between Gamevance and Program participants 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 these 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 these 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 these Terms and Conditions, which will otherwise remain in full force and effect.

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