Terms of use (per April 14, 2010)

Welcome to Tournamentgame (hereinafter the "website"), which is a product of IT on Rails, based in Maasdijk, the Netherlands. These terms of use govern your use of the website, the content, the software and the services offered on the website (collectively, the "website").

The fact that you are using the website signifies that you agree to the terms of use and that you consent to our Privacy policy (also see below) and that you consent to receive required notices and to transact with us electronically. If you do not agree to the terms of use and/or the privacy policy, then do not use the website.

Changes in the terms of use

We may change these terms of use at any time. You are responsible for checking these terms periodically for changes. If you continue to use the website after we post changes to these terms of use, you are signifying your acceptance of the new terms.

Electronic delivery policy and your consent

You agree that we may provide you with required notices, agreements and other information concerning the website electronically. If you no longer agree to receive notices electronically, you must cease using the website.

Privacy policy

Our Privacy policy explains the practices that apply to your information when you use the website. Your ongoing use of the website signifies your consent to the information practices disclosed in our privacy policy. You can review the privacy policy by clicking on the Privacy policy link located on the website.

Changes to the website

We may discontinue or change any service or feature on the website at any time and without notice.

Costs of use and payments

Using TournamentGame is not completely free of charges. Units of payments are known as "credits" inside TournamentGame. To activate a membership for a pool, a certain amount of credits wil be subtracted from the balance of the pool member or from the balance of one of the pool organizers (this is adjustable). The amount of credits subtracted depends on the game associated with the pool. Credits can be bought via the payment page. Restitution of bought credits, is not possible. The amount of subtracted credits and prices for credits can be found on the payment page or the Pricing page.

Payment related data like bank account numbers and credit card numbers are not processed and/or saved by TournamentGame. Payments are completely handeled by external parties (MultiSafepay and PayPal).

Prizes

TournamentGame offers no prizes to users of this website. It is the responsibility of organizers of pools to respect local laws concerning prizes that can be won in their pools. The administration and management of prizes are not facilitated by TournamentGame.

Your responsibilities

You may use the website for lawful purposes only. You may not submit or transmit through the website any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
5. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
6. violates these terms of use, guidelines or any policy posted on the website, or interferes with the use of the website by others.

You may not use the website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the website.

You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms of use.

No spam

You may not use the website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails, invitations and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the website to violate the terms of this section.

We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International use

We make no representation that content on the website is appropriate or available for use in locations outside the Netherlands, and accessing it from territories where the content is illegal or prohibited. If you choose to access the website from a location outside the Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.

Choice of law and location for resolving disputes

You agree that the laws of the Netherlands govern this contract and any claim or dispute that you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Netherlands and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Please note that by agreeing to these terms of use, you are:

1. waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
2. irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in the Netherlands over any disputes or claims you have with us and;
3. submitting yourself to the personal jurisdiction of courts located in the Netherlands for the purpose of resolving any such disputes or claims.

Severability and integration

This contract and any supplemental terms, policies, rules and guidelines posted on the website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these terms of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

Your right to use the website automatically terminates if you violate these terms of use or any rules or guidelines posted in connection with the website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the website, for any reason, with or without notice.