Welcome to our BRINGIT website (the "Website") and thank You for reviewing our Terms and Conditions. We hope that you will enjoy this Website. The Website is owned and operated by BringIt, LLC (the "Provider") and its subsidiaries and affiliates. Use of the Website is subject to the Terms and Conditions set forth below. The Terms and Conditions spell out what You can expect from us and what we expect from You.
1. Acceptance of the Terms and Conditions
Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. Each visitor to the Website (a "User or You") who accesses this Website, or uses this Website, or downloads in any way, without limitation, any information, communications, files, text, graphics, software, and audio/visuals files (collectively the "Service") from this Website, or merely browses this Website, agrees to and is bound by these Terms and Conditions.
Provider reserves the right, in its sole and absolute discretion, to refuse Service and access to any potential User. Provider reserves the right to amend the Website's Terms and Conditions at any time. In the event we do so, we will post the changes on this page and the date of the changes at the top of this page. Your continued use of the Website following such modifications signifies Your acceptance of those modifications.
2. Eligibility
To be eligible to register and create an authorized player account ("Account"), You must be at least eighteen (18) years of age (or have reached the age of majority in the Jurisdiction in which You reside, if greater) and a legal resident of the Unites States, including the District of Columbia, and may not be a firm, business entity or institution. Employees, officers, directors, investors, agents, and representatives of Provider and their parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of the Provider are NOT eligible to use or create an Account on the Website.
3. Registration
In order to participate in any Tournament on this Website ("Tournament") You will need to create an Account. No purchase is necessary to create an Account. Entry into certain Tournaments may be dependent upon the number of Tournaments completed, the number of Tournaments won or specific Tournament rules. Provider reserves the right to reject or revoke Your Account at its discretion for any reason.
4. Service Not Available In Certain Jurisdictions
You are subject to the laws of the state, city, country or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. Residents of Arizona, Arkansas, Delaware, Florida, Indiana, Iowa, Louisiana, Maryland, Montana, Tennessee, and Vermont are NOT eligible to participate in the Website. The Website is void where prohibited or restricted by law, and Provider reserves the right to monitor the location from which You access the Website and deny access to anyone at its sole discretion. By creating an Account, You represent that Your participation in the Website is subject to all the laws of the Jurisdiction in which You reside and from which You access the Website and are solely responsible for obeying those laws. If You open an Account/and or participate in any Tournament offered on this Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your winnings, if any, may be voided at the sole discretion of the Provider. You hereby agree that the Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation in the Activities available on the Website. Provider makes no representations or warranties, implicit or explicit, as to Your legal rights or restrictions with respect to Your participation in any Tournament offered on this Website nor shall any person affiliated or claiming affiliation with the Provider have authority to make any such representations or warranties.
Provider may require any User receiving any winnings to provide proof that he or she is eligible to participate as specified above.
5. User Accounts
A. Account Responsibility
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to . If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account.
B. Secrecy Obligation.
To create an Account, You will need to submit Your e-mail address and select a unique username and password (the "Identifiers"). Usernames may not be derived either from email addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e."2345678") or letters (i.e.: "ABCDEFG"). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). Provider will not give Your password to any third party unless required to do so by law. Provider will never ask You for Your password via telephone or email.
Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to service@bringit.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider.
You may be required to confirm Your identity and personal information by providing additional verification documents as reasonably requested by the Provider. Your inability to provide such verification documents could result in Your access to the Website being suspended and all funds being locked to allow for further investigation. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified Provider as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; Provider will not issue any form of compensation.
C. No Transfer
Only one Account is allowed per person. Your Account is not transferable. You may not allow any other person to access Your Account, accept Your winnings, or participate in any Tournament using Your Account information. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Tournament in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
D. Currency
All references to dollars or "$" on the Website are references to US dollars (USD). All transactions (including entry fees, deposits and withdrawals) will be denominated in US dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than US dollars, please be aware that the funds will be converted into US 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 the Provider and we recommend that You contact Your financial institution directly for more information.
E. Withdrawal Process
Users may request a withdrawal of funds from their Account at any time. The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Users. In the ongoing pursuit of abolishing fraudulent behavior and Account hijacking, the Provider reserves the right to require the User or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. In the event Provider seeks verification for security reasons, Provider is authorized to withold funds until proof of identity can be confirmed. Your winnings are awarded to You in their entirety, and all federal, state, and local taxes due in connection with any winnings awarded to You are Your sole liability.
Each withdrawal of funds is subject to an administrative fee. Please refer to www.bringit.com/faq for more details. Withdrawal requests will be handled by the Provider in a timely fashion. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. If You do not receive Your withdrawal within the time estimated, please contact bringitbank@bringit.com.
F. Taxes
In compliance with United States Internal Revenue Service regulations, Provider will send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Website in any given year. 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.
G. Limitations on Account Activity
Provider may impose dollar amount limitations on the Account transactions in which You engage to fund Your activities on the Website. Provider may also impose limitations on the net dollar amount You may lose on the Website in any calendar month; should Your losses reach the designated limit, Your play in the Tournaments offered on the Website 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. Please refer to www.bringit.com/rules for more details.
6. BringIt Tournament Play
A. Tournament Rules
The Website provides a plurality of different Tournaments in which You participate in which each User is responsible for managing their own play. Rules for specific Tournaments offered on the Website can be found by clicking on the following link www.bringit.com/rules.
B. Odds of Winning
The results of all Tournaments offered on the Website depend on the number of Users participating in such Tournaments and the skill of the Users in such Tournaments; precise odds of winning are therefore unavailable.
C. Determination of Winners
Users are responsible for managing and reporting the Tournament results to Provider to determine the verified winner. The results and winners of each Tournament offered on the Website will be determined by the Provider, and such determinations are final. By registering in any Tournament, You agree to be bound by these determinations.
D. Entry Fee
Each particular Tournament costs a certain amount of dollars to enter (the "Entry Fee"), which may vary from time to time. The Entry Fee for particular Tournaments offered on the Website can be found by clicking on the following link www.bringit.com/myhome2.
E. Prize Money
The potential prize money is displayed at the beginning of each Tournament. The prize money will be the combined Entry Fee of all participating Users in that particular Tournament minus the Service Fee (discussed below). Upon participation in a particular Tournament, You simultaneously and irrevocably authorize Provider to deduct the Entry from Your Account. If sufficient funds are not available, then You may not take part in the Tournament.
Provider is not liable for lost winnings or potential winnings, not even in the case of Tournaments that may have been prematurely closed.
F. Service Fee
Provider receives an administration fee for the creation of Tournaments, as well as for maintaining Your Account (the "Service Fee"). The Entry Fee is ten (10) percent of the combined Entry Fee for the particular Tournament. Once You select the type of Tournament in which You want to participate, the possible prize money displayed and the Entry Fee reflect the net winnings available to You after deduction of Provider's Entry Fee. Upon participation in a particular Tournament, You simultaneously and irrevocably authorize Provider to deduct the Service Fee from Your Account. If sufficient funds are not available, then You may not take part in the Tournament.
G. Winners List and Rights of Publicity
You agree to the use by the Provider of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if You win a prize in a Tournament.
YOU FURTHER ACKNOWLEDGES THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED ON A WINNERS' LIST.
H. Affidavit of Eligibility
Prize winners may be required to execute and return an affidavit of eligibility, a copy of the winner's drivers license, a liability release and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms and Conditions, the prize will be forfeited and may be awarded to another winner at the Provider's discretion.
7. Termination
A. Your Right to Termination
You may terminate Your Account by giving thirty (30) working days written notice to AccountTermination@BringIt.com. The remaining funds in Your Account will be transferred to Your bank account or you can request an paper check to be emailed to you within thirty (30) working days.
B. Provider's Right to Termination
Provider reserves the right to terminate Your Account, limit or prohibit your participation in any Tournament for any reason, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 15. By registering for an Account, You consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. If Your Account is closed by Provider for a violation of these Terms and Conditions, a termination fee of $5 will be subtracted from Your Account. In such an event, Provider may also use any winnings in Your Account to defray the costs of administration and enforcement of these Terms and Conditions.
C. Inactive Accounts
If You do not use Your Account by logging on or playing any Tournament, for a period of ninety (90) consecutive days Your Account will be deemed inactive. You can, at any time, reactivate Your Account by logging in. If Your Account is deemed inactive and has a balance less than or equal to $15.00, Your Account will automatically be terminated and the balance will be forfeited to BringIt without refund. If Your Account is deemed inactive and has a balance greater than $15.00, a one-off charge of $15.00 will be deducted from Your Account followed by a $10.00 administration fee for every consecutive thirty (30) days of inactivity thereafter.
8. Intellectual Property Rights
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by Provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider's Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service Provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider's Designated Agent is:
BringIt
Attn:
Address
Fax:
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
Provider and/or its affiliates own the BRINGIT trademark for its Services, including, without limitation the associated graphics, tagelines, logos and service marks, are trademarks of Provider and/or its affiliates and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners. Including, without limitation, Microsoft Xbox; Sony Playstation; and Nintendo Wii.
D. Posts/Ideas
All comments, feedback, suggestions, ideas, photographs, drawings and other submissions ("Ideas") disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the posts and Ideas in any manner, without restriction and without compensation to User.
9. Privacy and Protection of Personal Information
Provider respects the privacy of visitors to our Website. Please see Provider's Privacy Policy www.bringit.com/privacy relating to the collection and use of Your information. User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms and Conditions. If User does not agree to each and every part of Provider's Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at privacy@bringit.com.
10. Disclaimer of Warranties and Limitation of Liability
User expressly agrees that use of the Website and Service is at User's sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website, including Users participation in any Tournament on this Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Provider spokesperson. advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CONSOLE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A TELEVISION SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER'S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
11. Third Party Links
This Website contains several links to other websites and may forward Users to other websites within the same Internet browser window. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
12. 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.
13. Technical Requirements
To enter a Tournament, You need a video game system ("Console") and internet connection that meet the minimum system requirements as described in www.bringit.com/faq. To see our current minimum system requirements please go to www.bringit.com/faq. In general, if Your Console does not meet the minimum requirements for a Tournament, You may be at a competitive disadvantage as compared to other players. If You choose to ignore the system requirements, You do so at Your own risk.
14. Chat, Message Board, and eMessage Policy - Rules of Conduct:
Provider reserves the right to temporarily or permanently ban Users who violate these Terms and Conditions, or who in any way abuse the community purpose of the chat areas on the Website. The Provider 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 Website, including the chat areas.
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 is not permitted.
Advocating or proposing illegal activity or discussing an intent to commit an illegal act is not permitted.
Do not include another individual's contact information and/or email in a post.
Site usernames will be displayed as 'Your Name'; impersonating other players or staff of the provider 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 Website to the subject of the Webite's Tournaments.
Advertising or promotion of other companies or URLs is not permitted.
Do not share personal information (your name, phone number, home address, password) with others Users on the Website.
No patented, copyrighted or trademarked materials are allowed in messages.
Information disclosed in the Webite chat rooms, message boards, or via eMessages becomes property of the Webite 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.
15. Online Conduct and Abuse
A. Online Conduct and Abuse
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a User achieve better results than could have been achieved through the sole use of a mouse/keyboard/game-pad, or negatively influence another players game controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end; (xi) cooperating with other Users in a way that could create an advantage over other Users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xiii) deliberately transferring money between Accounts (i.e. "money laundering"); (xiv) harassing other Users; (xv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xvi) causing any breach of the security of Your Account or the Website; (xvii) breaching any of these Terms and Conditions; or (xviii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
B. Rules for Communication and Anti-Spam Policy.
It is possible for Users to contact each other on the Website. In doing so, Users are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
Provider opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by Provider against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of Provider. Additionally, any winnings, if any, may be voided at the sole discretion of Provider. Provider defines "Spam" as (i) 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, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat or "instant messaging" system.
C. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of Provider's Terms and Conditions, please forward all evidence of the same to reportabuse@BringIt.com. Please refer responsibly!
D. Penalties for Abuse, Inappropriate Online Conduct and Violating Provider's Terms and Conditions.
Provider reserves the right to block, cancel or terminate User Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 15(A) and 15(B). Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate User's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Tournaments which have already begun will be aborted by Provider and the results will not be evaluated. The User in violation must then compensate Provider for any problems arising therefrom. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account in Provider's sole discretion, and may void any associated winnings. Provider reserves the right to lift any suspension against You at any time, at its sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
16. Circumvention
The User acknowledges and agrees that he/she shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Tournaments offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If the Provider determines, in its sole discretion, that the User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, the User will forfeit all winnings to which User may otherwise be entitled, and the Provider reserves the right to institute civil or criminal proceedings against the User and to report User to the relevant regulatory authorities.
17. Security
If You use this Website, You are responsible for restricting access to Your Console and ensuring that Your Console is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your Console, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Provider of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
18. Indemnity
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 5(A); (c) Your connection to any Provider site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service provider.
19. 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.
20. Applicable Law/Jurisdiction
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Delaware will govern these disclaimers, Terms and Conditions and Privacy Policy without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Delaware.
21. 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.
22. 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 (1) YEAR after such claim or cause of action arose or be forever barred.
23. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) this Website is a service provided by BringIt, _________________________________________, and that (b) the fees and charges for the Service vary depending on the premium features selected by the User. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to the Users of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, contact BringIt by telephone at ______. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
24. Notices
Except as expressly stated otherwise, any notices to Website shall be made by registered mail to:
Notices to You may be made to the e-mail address You provided as part of Your Registration Data or by postal mail (including registered mail) to the address You provided as part of Your Registration Data. Notice sent to you shall be deemed given twenty-four (4) hours after e-mail is sent and three (3) days after the date of mailing.
25. 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 NO LEGAL OR CONTRACTUAL EFFECT.
Date Last Modified: Novermber 2nd, 2008.
These Terms and Conditions may be changed at any time, without prior notice.