Terms of Service

Updated: March 11, 2011

Welcome to Beyond Gaming, LLC ("Beyond Gaming"). By accessing and using our website (the "Services") which are made available via our web site or through our partners websites, or any mobile versions thereof (the "Site"), you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the "Terms"), whether or not you are a registered member of Beyond Gaming.

License to Use the Services

Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by Beyond Gaming or its service providers and partners. You may not use the Services for any other purpose.

This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:

Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Beyond Gaming experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.

Code of Conduct

Your use of the Services is governed by certain rules (the "Code of Conduct"), which are maintained and enforced by Beyond Gaming, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:

Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available);
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Beyond Gaming representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.

These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.

User Account, Age Restrictions, Password, and Security

You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form.

You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.

You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Beyond Gaming or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.

Privacy

Any Content which you provide (and certain other information about you) is subject to our Privacy Policy which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Beyond Gaming. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them.

Links to Third Party Sites

We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services. Some of these web sites may charge separate fees, which are not included in any fees that you may pay to Beyond Gaming. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto. The linked sites are not under the control of Beyond Gaming and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beyond Gaming of these linked sites.

Content Rights

"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Beyond Gaming or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.

Beyond Gaming representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Beyond Gaming and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.

You acknowledge and agree that Beyond Gaming may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.

Termination

We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.

In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by Beyond Gaming, you will not be entitled to any refund nor will any tokens be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as tokens). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.

The Services are Available "AS-IS"

The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, tokens or items from delays, non-deliveries, errors, system down time, mis-deliveries or service interruptions caused by us, or by your or by any other user's errors and/or omission.

Limitation of Liability

BEYOND GAMING AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEYOND GAMING OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold Beyond Gaming harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Beyond Gaming arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.

Waiver and Severability

The failure of Beyond Gaming to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to Beyond Gaming are of a unique and irreplaceable nature, the loss of which shall irreparably harm Beyond Gaming and which cannot be replaced by monetary damages alone so that Beyond Gaming shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Lucas County, Ohio, and you consent to the jurisdiction of and venue in such courts.

Other Jurisdictions

Beyond Gaming operates and controls this application from its offices in the United States. Beyond Gaming makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Beyond Gaming to any registration requirement within such jurisdiction or country.

Reservations of Rights

Beyond Gaming reserves the right, on no less than 30 days prior notice to discontinue the availability of Services through a particular platform (e.g. MySpace, Facebook, iPhone) or entirely.

Complaints and Notices

The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to Beyond Gaming’s Designated Agent listed below. For your notice to be effective, it must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located in this game;
Information reasonably sufficient to permit Beyond Gaming to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party can be contacted;
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
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 the exclusive right that is allegedly infringed.
Beyond Gaming’s Designated Agent is:

Beyond Gaming, LLC. Attn: Legal
Email:legal@beyondgaming.com

Modification of Terms

We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.

Entire Agreement

These Terms are the entire and exclusive agreement between Beyond Gaming and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.

The Services are operated and provided by Beyond Gaming, LLC, 1301 N. Summit Street, Toledo, OH 43604. If you have any questions about these Terms, please contact us.

COMPETITIONS - TERMS & CONDITIONS

SECTION ONE - GENERAL INFORMATION

1.1 Terms and Conditions

Participating in any tournament offered by Beyond Gaming, LLC’s games, websites and content ("the Service") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Service may modify these Terms and Conditions at any time, with modifications becoming effective 15 days after they are first posted on the Service. Your continued use of the Service following the 15-day notice period signifies your binding acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.

1.2 Entire Agreement

These Terms and Conditions, along with the Privacy Policy, game rules and any other obligations and rules detailed in writing on the Service, constitute the entire agreement between you and the Service. These Terms and Conditions cannot be modified on an individual basis by you or by any person affiliated, or claiming affiliation, with the Service. Nothing in this subsection will prevent the Service from modifying the terms of these Terms and Conditions and posting such modifications on the Service as described above in Section 1.1.

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1 Tournament Play

The instructions, along with any other game-specific relevant information for each tournament game offered are available by accessing the relevant pages and menus on the Service.

2.2 Eligibility

To participate in any tournament offered on the Service, you must be a natural person, at least 13 years old (Please note, however that participants under the age of majority in their jurisdiction of residence must present written permission of a parent or legal guardian in the form provided by the Service in order to claim any prize won in a tournament)

Additionally, users within the United States must:

a) be a U.S. citizen or resident alien with a U.S. address, however, due to restrictions in some states' laws, tournament participants who reside in or access the Service from certain states are not eligible to receive prizes. These states are:

Maryland, North Dakota and Vermont

b) be physically located within the U.S.; and

b) be physically located in a U.S. state in which participation in the tournaments offered on the Service is unrestricted by law.

All other users must:

a) be physically located and have an address in a legal jurisdiction in which participation in the tournaments offered on the Service is unrestricted by law.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.3 Additional Persons Not Eligible

Notwithstanding Section 2.2, the following persons are ineligible to receive any prize offered on the Service: employees, officers, and directors (and their immediate family members) of the Service, 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 Service. 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.

2.4 Legality

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service and are solely responsible for obeying those laws. You agree the Service cannot be held liable if laws applicable to you restrict or prohibit your participation. The Service makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Service nor shall any person affiliated, or claiming affiliation with the Service have authority to make any such representations or warranties.

2.5 Acknowledgment of Proprietary Rights

By participating in any tournament offered on the Service, you acknowledge that all materials and information contained on the Service (the "Content") may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks or other proprietary rights or as a trade secret, and that all such rights are owned by the Service. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. The Service neither warrants nor represents that your use of the Content displayed on the Service will not infringe rights of third parties. While the Service uses reasonable efforts to include accurate and up-to-date information, the Service makes no warranties or representations as to the accuracy of the Content, and assumes no liability or responsibility for any errors or omissions in the Content. Any communication or material you transmit to or through the Service by email or otherwise, including, without limitation, 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 Service or its affiliates for any purpose, including, but not limited to, reproduction (in original or modified form), disclosure, transmission, publication, broadcast and posting. Furthermore, the Service is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Service 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 Service, including the names of all games, tournaments, and puzzles, are registered and unregistered Trademarks of the Service and/or others. Nothing contained on the Service should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of the Service or such third party that owns the Trademark displayed on the Service. Your misuse of any Trademark displayed on the Service, or any other content on the Service, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Service will aggressively enforce its intellectual property rights to the fullest extent of the law.

2.6 User Names

At the time of initial registration to participate in tournaments on the Service, you may be required to submit an alias that will be your user name or opt-in with your email address. The Service reserves the right, in its sole discretion, to change, suspend and/or terminate offensive aliases. By participating in a tournament, you agree that the Service may display your user name and tournament records.

2.7 Privacy Policy

The Service will not intentionally disclose any personally identifying information about you to third parties without your consent except where the Service, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other written rules of the Service. The Service reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Beyond Gaming, LLC may utilize email messages to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. To view the Service's full privacy policy, click on the following link: Privacy Policy. The Service will not use winners' full names or likenesses in advertising without the winners' prior written consent. Beyond Gaming, LLC. may disclose your information, including without limitation contact information and demographic and profile data, to a third party upon a transfer or sale to another entity of all or substantially all of our stock or assets or upon any other corporate reorganization.

2.8 Scope of Permitted Use

Use of the Service is limited to participation in tournaments and communications related thereto. You agree not to use the Service for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on or through the Service in any manner; to interfere with or disrupt the operation of Service or the networks or servers connected to the Service or its website in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party or is otherwise unlawful or offensive; to harass or otherwise harm the Service or any other person or entity; or to engage in commercial activities of any kind.

From time to time the Service may offer you the ability to use certain interactive applications, including, for example, chat areas, messaging boards, or SMS text messaging functions ("Applications"). The Service grants you a limited license to use the Applications subject to the following conditions:

(a) You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Service ("Materials") are the sole responsibility of the person from whom the Materials originated. This means you, and not the Service, are entirely responsible for the Materials you transmit to or through the Service. Further, you understand that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent.

(b) You will not create a user name, screen name or label, or upload to, distribute through or otherwise publish through the Service, any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.

(c) Your Materials shall not infringe the copyrights, trademarks or other intellectual property rights of the Service or any third party.

(d) Your Materials shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

2.9 Abuse

Anyone who exceeds the authorized use of the Service or displays behavior consistent with the use of unfair methods on the Service, including but not limited to 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"), any breach of the terms of the agreement between you and the Service, or any breach of the security of your account or the Service (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Service in its sole discretion), up to and including account termination, loss of all virtual currency in your account and blocking of Service access. Additionally, all prize winnings (if any) of persons determined by the Service to be engaged in Abuse may be voided at the sole discretion of the Service.

Any attempt to gain unauthorized access to the Service's systems or any account, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes and virtual currency to which you are otherwise entitled.

Any attempt to participate in any tournament offered on the Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes and virtual currency to which you are otherwise entitled.

2.10 Account Termination

The Service reserves the right, in its sole discretion, to terminate your account, limit or prohibit your participation in any game, tournament or tournaments.

SECTION THREE - TOURNAMENT DETAILS

3.1 Skill

Only Prizes are offered for skillful participation in games and tournaments in the Service. All games in this service use an all-skill methodology to ensure that prizes are awarded to players based on individual players' skill and not chance events.

3.2 Game Rules

Rules and instructions for each specific tournament offered on the Service can be found in the section or menu of each game.

3.3 Determination of Winners

The results and winners of each tournament offered on the Service will be determined by the Service according to the applicable game rules. By registering and/or participating in any tournament, you agree to be bound by the applicable game rules and by the Service's determinations.

3.4 Winner Notification; Winners Lists

Winners will be notified on the Service and may be required to complete an affidavit of eligibility, publicity/liability release (except where prohibited by law) and/or parental/legal guardian authorization in order to claim a prize. Lists of winners will be posted on the Service's website following each tournament or as soon thereafter as eligibility of all winners is confirmed, and will also be available by mail by contacting the Service at the address below by no later than two weeks after the end of a given tournament.

SECTION FOUR - PRIZES

4.1 Prize Descriptions

Prizes for each particular tournament will be displayed on the Service prior to entry into the tournament.

4.2 Limits of Prize Winnings

There are no limitations, players can win unlimited amounts of tournaments over the lifetime of their account.

4.3 Ties

In tournaments, contestants playing a particular game are ranked by the highest amount of virtual currency earned during the tournament. Tiebreakers are determined by the highest average game score, followed by the least number of matches played.

4.4 No Prize Transfer/Substitution; Taxes

Prizes are not transferable. No substitution of Prizes for cash or other goods and services is permitted, except the Service reserves the right to provide a substitute Prize of approximately equal value. Winners are responsible for any applicable taxes on prizes. Cash value of the merchandise prize(s) offered (either manufacturer's suggested retail price, or Service acquisition price) will be posted in the games rules for each tournament.

4.5 Delivery Time

Unless otherwise specified, merchandise will ship within 45 days of the date the prize is claimed by the winning player. All goods are shipped FOB Origin, and accordingly the Service takes no responsibility for any damage incurred during shipping.

4.6 Warranties on Prizes

In the case of merchandise covered by a manufacturers warranty, the manufacturer and not the Service 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 Service is not responsible for any defects, use or misuse or repairs. The Service makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.

4.7 Information Needed to Claim Prize

The following information is needed to verify winners and mail prizes:

Tournament information, age, email address, first name, last name, mailing address, phone number and username. If information needed to claim prizes is not submitted within 30 days from the tournament end date, the prize will be forfeited. Incomplete or incorrect information provided by winners will cause a delay in prize delivery, or prize forfeiture.

Any single individual winning more than $600.00 US in a calendar year, will be required to provide the Service with their social security number for applicable income tax filings.

4.8 Prize Winner Redemption Period

Prize winners have 30 days after the tournament they won ends to claim their prize. If any prize or prize notification is returned as undeliverable, or if the winner does not claim a prize within the 30-day period, such prize will be forfeited.

4.9 Prize Winner Release Form

I agree that Beyond Gaming LLC, has my permission to use my name, photograph, image and likeness in all forms of media. I understand that Beyond Gaming LLC may use photographs or images of me for marketing purposes, including on websites owned by it or third parties.

SECTION FIVE - GENERAL CONDITIONS

5.1 Limitation on Liability

BY PARTICIPATING IN ANY TOURNAMENT OFFERED ON OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT THE SERVICE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE, LOSS, OR INJURY CAUSED BY USING A GAME FROM THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT (1) THE SERVICE IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF THE SERVICE. THE SERVICE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ATTEMPTED OR ACTUAL ACCESS TO, USE OF, OR BROWSING IN THE SERVICE.

5.2 No Warranty

ALL GOODS AND SERVICES PROVIDED ON THE SERVICE 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 SERVICE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

5.3 Hacking, Tampering, or Unauthorized Access; Technical Failures

By participating in any tournament offered on the Service, you agree that the Service is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your account on the Service. The Service is not responsible for any lost, late, misdirected or corrupted entries, or for any interruption in or suspension of game play caused by technical failures.

5.4 Third Party Links

From time to time, reference links may appear on the Service that may be used to link to websites of third parties. These links are provided as a courtesy to our users. The Service has no control over the linked web sites or the materials, information, goods or services available or contained on these linked websites. The Service is not responsible for and does not endorse or warrant in any way any privacy or other practices of such websites or any materials, information, goods or services available through such linked websites. If you decide to access any of the linked websites, you do so entirely at your own risk. The Service reserves the right to terminate any link at any time.

5.5 Governing Law and Choice of Forum for Disputes

These Terms and Conditions will be governed in accordance with the laws of the State of Ohio.

5.6 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 or enforceability of the remaining provisions.

Complaints and Notices

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located in this game;
Information reasonably sufficient to permit Beyond Gaming to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party can be contacted;
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
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 the exclusive right that is allegedly infringed.
Beyond Gaming’s Designated Agent is:

Beyond Gaming, LLC. Attn: Legal
Email:legal@beyondgaming.com

Modification of Terms

Entire Agreement

These Terms are the entire and exclusive agreement between Beyond Gaming and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.

The Services are operated and provided by Beyond Gaming, LLC, 1301 N. Summit Street, Toledo, OH 43604. If you have any questions about these Terms, please contact us.