TERMS OF SERVICE

The SkillGround website (the “SkillGround site”) is owned and operated by SkillGround Limited or its subsidiaries and affiliates (the “Company”). Use of the SkillGround site is subject to these Terms of Service, including the Premium Account Policy / Player’s Club Account policy, the Privacy Policy, the Code of Conduct and the End User License Agreement.  Links to these documents are included below:

Premium Account Policy / Player's Club Policy
Privacy Policy
Code of Conduct
End User License Agreement

Eligibility

Participation in the activities available on the SkillGround site is open to all individuals who are seventeen (17) years of age or older.  Please note, however, that to create a Premium Account / Player’s Club Account  (described below), you must be 18 years of age (or have reached the age of majority in the jurisdiction in which you reside,  if greater) and you must meet the eligibility requirements described in the Premium Account / Player’s Club Account Policy incorporated into these Terms of Service.  The SkillGround site is void where prohibited or restricted by law, and the Company reserves the right to deny access the SkillGround site to anyone at its sole discretion. 

User Accounts

Each visitor to the SkillGround site (a “User”) may only have a single player account, whether the account is a free, basic user account (a “Basic Account”) or an account that will allow you to enter cash tournaments (a “Premium Account / Player’s Club Account”). When you first sign up with SkillGround, you will create a Basic Account by providing an alias that will be your user name, a password, your email address, your date of birth and your gender.  Pursuant to our Code of Conduct, offensive or inappropriate usernames will not be permitted. To change your account from a Basic Account to a Premium Account / Player’s Club Account, simply click on the “Deposit” link, and follow the instructions.

As described in greater detail in the Code of Conduct, if you wish to create a new player account, you must notify Customer Care immediately.  If SkillGround determines that you have more than a single Basic Account, all Basic Accounts created subsequent to the first account may be automatically be suspended or canceled without notice.  If SkillGround determines that you have more than a single Premium Account / Player’s Club Account, all Premium Accounts / Player’s Club Accounts may be suspended or terminated as more fully described in the Premium Account / Player’s Club Account Policy incorporated into these Terms of Service. Continued violation of the Code of Conduct, including the creation of more that one player account, may result in the termination of all of your player accounts.

All Basic Accounts and Premium Accounts / Player’s Club Accounts are non‑transferable.  You are not allow any other person to access your player account or use your player account to access the SkillGround site, to participate in any tournament or game, or to accept any winnings related to your player account.  By creating a player account, each User is deemed to declare that he or she has fully complied with and agrees to be bound by these Terms of Service and agrees, on behalf of himself/herself and his or her heirs, executors and administrators to release the Company and its affiliates, agencies and/or representatives from all liability, claims and demands arising out of his or her use of the SkillGround site.

SkillGround Games

Each game offered on the SkillGround site is a game of skill where the outcome is determined by the participants’ skill rather than chance or luck.  Any and all references in these Terms of Service or the SkillGround site to “wager”, “bet”, “pots”, “rake” or similar terms are solely for instructional or illustrative purposes and do not imply unlawful gambling.  Each game or tournament offered on the SkillGround site is subject to its own rules, including rules related to tie-breaking.  Full rules for each game offered on the SkillGround site are available here. These rules are deemed to be incorporated into these Terms of Service.

The results and winners of each game or tournament available on the SkillGround site will be determined by the Company in its sole discretion.  In the event of a dispute relating to a SkillGround game or tournament, including issues relating to a User’s compliance with these Terms of Service (including the Code of Conduct), each User agrees to be bound by the decision of the Company’s Customer Care and Fraud Prevention personnel, which are final in all respects. 

To play games on the SkillGround site, you need a personal computer which meets the minimum technical requirements as described in the help files on the SkillGround site. Click here to see current minimum requirements.

Users with a Basic Account may choose to participate in games or tournaments with no entry fee (“Free Games”).  To participate in games or tournaments where an entry fee is payable and a cash prize is available to be won (“Cash Games”), you must upgrade to a Premium Account / Player’s Club Account, as described below. Each User has a separate Skill Rating for Free Games and for Cash Games.

No Warranties.

The Company assumes no responsibility for: (i) games or tournaments that are interrupted for any reason including, for example, due to the malfunction of computer equipment, data or software; (ii) activity on player accounts as a result of lost or stolen account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by the Company or the SkillGround site, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in the SkillGround site or by any technical or human error which may occur in the processing of information you provide on the SkillGround site.

The Company also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the SkillGround site or your downloading of any materials, data, text, images, video or audio from the SkillGround site.

Although the Company intends on making the SkillGround site available 24 hours per day, seven days per week, there can be no assurance that the SkillGround site will be available without interruption.  The Company reserves the right to cancel, terminate or suspend the SkillGround site in whole or in part at any time.  

THE SKILLGROUND SITE AND THE GAMES AND INFORMATION AVAILABLE ON IT ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SKILLGROUND SITE AND THE GAMES AND INFORMATION AVAILABLE ON IT WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

BY CREATING A PLAYER ACCOUNT, YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS, OF THE SKILLGROUND SITE, INCLUDING INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SKILLGROUND SITE, EVEN IF THE COMPANY OR AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SKILLGROUND SITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN ENTRY FEES ON THE SKILLGROUND SITE IN THE TWELVE MONTHS PRECEDING ANY CLAIM FOR DAMAGES.

User Representations

By creating a SkillGround player account, each User agrees to the collection, use and disclosure of their personal information as described in the Privacy Policy below, which is incorporated into these Terms of Service.
By creating a SkillGround player account, each User agrees to the terms of the Code of Conduct below, which is incorporated into these Terms of Service.
By creating a SkillGround player account, each User agrees to the terms of the End-User Software License Agreement below, which is incorporated into these Terms of Service.

Please note that skill gaming may not be legal in all jurisdictions.  By creating a player account, you represent that your participation in the SkillGround site (whether as a User with a Premium Account / Player’s Club Account or with a Basic Account) is subject to all laws of the jurisdiction in which you reside and from which you access the SkillGround site and that you are solely responsible for obeying those laws.  You agree that the Company cannot be held liable if laws applicable to you restrict or prohibit your participation in the activities available on the SkillGround site.

Amendments to Terms of Service

The Company reserves the right to amend the SkillGround site’s Terms of Service at any time. Your continued use of the SkillGround site following such modifications signifies your acceptance of those modifications.  You are responsible for reviewing these Terms of Service periodically for any such modifications. These Terms of Service are in effect as of October 17, 2007.

Severability and Headings

If a court of competent jurisdiction determines that any provision of these Terms of Service is unenforceable, all other provisions will remain in full force and effect and the unenforceable provision will be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.  The headings provided in these Terms of Service are for convenience only and will not be used in interpreting or construing these Terms of Service.

Choice of Law and Arbitration

These Terms of Service shall be governed by the laws of the Province of Ontario, Canada, without reference to provisions relating to conflict of laws, and you acknowledge that by registering for a Basic Account or a Premium Account / Player’s Club Account, there is a real and substantial connection between Ontario and you and your use of the SkillGround site.  By registering for a Basic Account or a Premium Account / Player’s Club Account, you further agree that any dispute that cannot be resolved between the Company and yourself shall be resolved individually, without resort to any form of class action.  You further agree that any legal action arising from any dispute relating to these Terms of Service and/or your use of the SkillGround site shall be conducted in the courts located in the city of Toronto, Ontario, Canada, and you hereby irrevocably submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

Premium Account / Player’s Club Account Policy

Eligibility

To upgrade to a Premium Account / Player’s Club Account or to participate in any Cash Game (defined below) offered on the SkillGround site, you:

(i)      must be an individual;
(ii)     must not be a resident of the United States who resides in Arkansas, Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, South Carolina, South Dakota, Tennessee or Vermont, or be subject to the laws of one of those states;
(iii)    must be at least 18 years of age (or the age of majority, if greater in the jurisdiction in which you reside); and
(iv)    must not live in a jurisdiction, or be subject to the laws of a jurisdiction, where participation in the SkillGround site is prohibited or restricted by law.

Where Prohibited by Law

As described above, to create a Premium Account / Player’s Club Account, you must not live in a jurisdiction or be subject to the laws of a jurisdiction where participation in the SkillGround site is prohibited or restricted by law.  This is because the SkillGround site is void where prohibited or restricted by law.  Individuals residing in a jurisdiction where the creation of a Premium Account / Player’s Club Account is prohibited or where the use of the SkillGround site is prohibited are not eligible to create a Premium Account / Player’s Club Account, participate in games on the SkillGround site or receive any winnings.  You are subject to all laws of the state, province and/or country in which you reside and from which you access the SkillGround site and are solely responsible for obeying those laws.  You agree that the Company cannot be held liable if laws applicable to you restrict or prohibit your participation.  The Company makes no representations or warranties, implicit or explicit, as to your legal rights or restrictions with respect to your participation in any game or tournament offered on the SkillGround site nor shall any person affiliated or claiming affiliation with the Company have authority to make any such representations or warranties.

The Company reserves the right to monitor the location from which you access the SkillGround site and to block access from any jurisdiction in which participation may be illegal or restricted in the Company’s opinion.  The Company may require any participant receiving any winnings to provide SkillGround with proof that he or she is eligible to participate as specified above.

Required Information

When you upgrade to a Premium Account / Player’s Club Account, you are required to provide a mailing address confirm your gender and date of birth and provide credit card or other payment information. All information that you provide to us will be treated in accordance with our Privacy Policy.

Accuracy of Information

You represent and warrant that all information you supply to the Company is complete and accurate. Please carefully review all the information that you are using to identify yourself and payment methods you are intending to use in conjunction with your activities on the SkillGround site (credit cards, debit cards, PayPal accounts, check with correct address, etc.). You may be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by the Company, including when you withdraw funds, as described below. Your inability to provide such verification documents could result in your access to the SkillGround site being suspended and all funds in your Premium Account / Player’s Club Account being locked for a period of up to 6 months to allow for further investigation. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your Premium Account / Player’s Club Account and forfeiture of deposits or any winnings to which you are otherwise entitled. If the mailing address that you provided when you created your Premium Account / Player’s Club Account changes, ensure that you update your Account Profile. If you make a withdrawal request and the address is no longer valid, your account may be suspended pending our investigation.

Cash Games and Free Games

Users with a Premium Account / Player’s Club Account may choose to participate in Free Games or Cash Games, unlike Users with Basic Accounts, who may only play Free Games. 

Deposits

To create a Premium Account / Player’s Club Account and participate in a Cash Game, you will be required to pay funds into your Premium Account / Player’s Club Account by any of the methods permitted by the SkillGround site from time to time.  A full list of the current deposit methods, together with step-by-step instructions for making a deposit are available here. Such funds will be deposited into your Premium Account / Player’s Club Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to the payments into your Premium Account / Player’s Club Account, depending upon your history with the SkillGround site, the method of deposit, and other factors as determined solely by the Company. The Company is not a bank and funds are not insured by any government agency.  No interest is payable on amounts on deposit in your Premium Account / Player’s Club Account.  All payments into your Premium Account / Player’s Club Account must be from a payment source on which you are the named account holder.

SkillGround may impose dollar amount limitations on the payment transactions you use to fund your activities on the SkillGround site.  The Company may, but is under no obligation to, impose limits on the net dollar amount you may lose on the SkillGround site in any calendar month; should your losses reach the designated limit, your ability to play Cash Games offered on the SkillGround site will be restricted until the beginning of the next calendar month (although you will be free to participate in Free Games during this period).  The Company reserves the right to impose or change these dollar amount limitations at any time.  The Company also reserves the right to require you to confirm or validate any or all deposits previously made to your Premium Account / Player’s Club Account.  You acknowledge that in the case of a dispute, your validation may be used by the Company as evidence of your deposits. 

Third Party Payment Processors

The Company uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from your Premium Account / Player’s Club Account.  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 Premium Account / Player’s Club Account deposits and withdrawals from your Premium Account / Player’s Club Account and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the SkillGround site, or via instructions to Customer Care.  You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms of Service (including the Premium Account / Player’s Club Account Policy) and the Payment Processors’ terms and conditions, then these Terms of Service shall prevail.  You agree that the Company 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 SkillGround site, except as a result of the gross negligence of the Company or its employees.

Currency

All references to dollars or “$” on the SkillGround site are references to US dollars (USD).  All transactions (including purchases, 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 Company and we recommend that you contact your financial institution directly for more information.

Entry Fees and Prizes

When a User participates in a Cash Game, the entry fees for such Cash Games are immediately deducted from such User’s Premium Account / Player’s Club Account balance.  These funds paid by the User represent a payment to the Company made solely for facilities provided by the SkillGround site for the playing of the Cash Game.  By participating in a Cash Game and paying this fee to SkillGround, each User acknowledges that these funds are held by the Company for such services and that the User grants an irrevocable authority to pay the winner of the Cash Game the prize associated with such Cash Game.

Users must also be aware that the total entry fees paid by Users in any given Cash Game are not paid out as prizes as SkillGround retains part of the entry fees as a service fee on all Cash Games played.  This fee allows for the continued service and maintenance of the SkillGround site and the development of additional content for existing SkillGround titles and new SkillGround titles in the future.  The amount of the prize (or prizes) for each Cash Game is displayed in the “challenge” window and varies depending on the Cash Game being played, the size of the entry fees, the number of prizes and the number of people playing in the Cash Game.  At present, the cash prizes in each game or tournament represent 85% of the entry fees, although this is subject to change from time to time by the Company without notice to you.

Free Game Credits

We may from time to time offer Premium Account holders / Player’s Club Account holders complimentary or bonus amounts such as promotional credits, entry fee credits, accounting credits, prize credits, and gift credits (any such amounts, “Game Credits”) to be credited into your Premium Account/ Player’s Club Account..

Please Note:  Game Credits cannot be withdrawn, have no value in and of themselves and are not redeemable for money.  Instead, they can be used to pay entry fees for Cash Games, as described below.  Any cash won during those Cash Games is real cash that you can withdraw.

Although your Premium Account / Player’s Club Account contains both Game Credits and a cash balance, Game Credits are separate from your cash balance and CANNOT be cashed out.  Instead, they will be used in conjunction with your cash balance to pay entry fees for Cash Games.  If you have Game Credits in your Premium Account or Player’s Club Account, whenever you enter a Cash Game, 25% of the entry fee will be paid out of your Game Credit balance until all of your Game Credits have been used.  All prize money earned from games where Game Credits are involved will be credited to your Premium Account / Player’s Club Account as real cash and can be cashed out.

Each Game Credit promotion is limited to two per household and one per account unless specifically stated otherwise in the offer. There is no limit to the number of friends you can refer using the "Invite Your Friends / Tell-A-Friend" feature.

Such Game Credits may be subject to additional terms and conditions as may be specified when the Game Credits are offered to you, and acceptance of any Game Credits shall be subject to such additional terms and conditions.  As noted below, in the event that your Premium Account / Player’s Club Account is inactive for 90 consecutive days, all Game Credits in your Premium Account / Player’s Club Account will be deemed to have expired and will be removed from your Premium Account / Player’s Club Account.

Transaction History

All of your past financial transactions on the SkillGround site can be seen in your Transaction History page of the SkillGround site, which is under the “My Account” tab.  Transactions that appear on the Transaction History page include any and all deposits and withdrawals you have made on your Premium Account/Player’s Club Account, Game Credits awarded, and, for each Cash or Free Game played (including Tournaments and Quick Play games), entry fees paid and monies won (if applicable).  The Transaction History page will also show the date and time the adjustment to your balance occurred, which game or tournament was involved, your balance after each transaction and any special details regarding the transaction.  If you have any questions regarding transactions within your Transaction History, note the REF No. (Reference Number) and have it on hand when contacting SkillGround Customer Care.  If you have entered a tournament that has not yet been completed, you can see the current results under the “My Games” heading under the “My Account” tab.  If you have entered a Quick Play match that has not yet been completed, you can see the results under the “My Games” heading under the “My Account” tab.  Once Tournaments and Quick Play matches have been completed, the results appear on the Transaction History page.

Transaction Amalgamation

The Company reserves the right to combine some or all financial transactions (such as deposits or withdrawals) initiated by the User.  For example; if a User makes a deposit of $10 via credit card at 1:00 p.m. and then another deposit for $40 is made using the same card at 4:00 p.m. the same day, the Company may see fit to initiate a one time debit of funds from the credit card company in the amount of $50, rather than the two separate charges of $10 and $40.  Although the individual transactions will show up in that User’s Transaction History on the SkillGround site, the amalgamated transaction will show up on their credit card statement; please check your Transaction History if you have a question about your credit card statement, as it may be a result of an amalgamation of transactions (payments and withdrawals).

Withdrawal Process

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

The minimum withdrawal is $20 USD or the player’s entire balance (if less than $20 USD). All withdrawals are subject to a withdrawal fee, except for those made by players whose balance is less than $3 USD. A withdrawal fee (“Withdrawal Fee”) of $1.25 USD applies to U.S. residents, and $1.75 USD applies to all residents outside the U.S.

When you request a withdrawal of funds, SkillGround will process the request based on how you’ve deposited funds into your account in the past. If you have previously deposited via Credit Card or Debit Card, your card(s) will be refunded in the amount of and order by which previous charges have been made on those cards; any balance that exceeds your previous card deposits will be returned to you via check, unless you have previously deposited using a PayPal account, in which case the remaining funds will be sent via PayPal. For example, if you made a deposit from Visa card #1 in the amount of $30 to set up your account, and later made another deposit of $25 from Visa card #2, you have charged a total of $55 to your Visa cards.  If you have grown your balance by winning and want to cash out $65, the Company will refund $30 to Visa card #1, then $25 to Visa card #2, and send $10 to you via check or PayPal, less the Withdrawal Fee.

Most withdrawal requests through Credit Card, Debit Card, or PayPal should be in your account within 5 business days. If you do not receive your withdrawal within 5 business days, please contact customer support at customercare@skillground.com.

Checks will be mailed within 10 business days. Users may also go to their Transaction History on the SkillGround site to see the status of checks pending. All checks will be mailed to the current address reflected on the User’s Premium Account / Player’s Club Account.  If a check is returned to SkillGround (due to an incorrect address or any other reason) the User’s account will be suspended.

The withdrawal process is designed to minimize customer fees and add an additional element of security to protect SkillGround’s customers. In the ongoing pursuit of abolishing fraudulent behavior and account hijacking, the Company reserves the right to require the Premium Account / Player’s Club Account 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. Withdrawal payments will not be made until such verification is received; if the Company has not received verification within 10 days, the withdrawal request will be canceled and the account in question will be suspended.

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.

Forfeiture and Account Suspension/Termination

As described in the Code of Conduct, the Company is committed to taking all necessary measures to prevent anything that gives a User an unfair advantage over another User.  We are also committed to ensuring that the SkillGround environment is an enjoyable place to work and play.  We reserve the right to take immediate action in the event that we believe a player is failing to observe the terms of the Code of Conduct. 

As described below, if you are found to be violating the SkillGround Code of Conduct, we may suspend or revoke your Premium Account/ Player’s Club Account, or the funds in your Premium Account / Player’s Club Account, void your scores, change your Skill Rating, seize funds in your Premium Account / Player’s Club Account to repay Users who you have cheated against and/or commence civil and criminal legal proceedings against you.  SkillGround may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

The Company reserves the right, in its sole discretion, to take any or all of the steps described above if the Company determines, acting reasonably, that:  (i) you have breached any term of these Terms of Service; (ii) you are participating in any attempt to defraud the Company through the use of credit cards or other methods of payment, regardless of the outcome; (iii) you have failed to honor legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the purchases or deposits that you made to your Premium Account / Player’s Club Account; (iv) you are participating in any attempt to cheat another User through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.

For breaches of the Terms of Service (including the Code of Conduct) that are deemed by the Company, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their Premium Account / Player’s Club Account suspended at the discretion of the Company. Repeat offenders will be deemed to be intentionally violating the Terms of Service.

If you are suspected of having violated the Code of Conduct, the Company reserves the right to suspend your Premium Account / Player’s Club Account, including any access to the SkillGround site, or freeze the funds in your Premium Account / Player’s Club Account and any Premium Account / Player’s Club Account balance or withdrawals pending for up to 6 months while an investigation shall occur. 

The failure of the Company to enforce at any time any of the provisions of these Terms of Service, or the failure to require at any time performance by you of any of the provisions of these Terms of Service, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Company to enforce each and every such provision thereafter. The express waiver by the Company of any provision, condition or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Inactive Accounts

If you do not participate in a Free Game, a Cash Game, a practice session, or a tutorial, at least once during a calendar month, your Premium Account / Player’s Club Account will be deemed inactive.  If your Premium Account becomes (or has become) inactive, the Company may charge you an administrative fee (the “Inactive Account Fee”) of $1.00 once every calendar month as long as your Premium Account remains inactive.  The Company will deduct this fee directly from your Premium Account / Player’s Club Account balance.  The Company will not deduct the Inactive Account Fee from your Premium Account / Player’s Club Account  balance if you have participated in a Free Game, a Cash Game, a practice session, or a tutorial in the previous calendar month.  In the event that you have less than $1.00 in your Premium Account / Player’s Club Account, the Company will withdraw an amount that will bring the balance of the Premium Account / Player’s Club Account to zero.

In the event that your Premium Account / Player’s Club Account has been deemed inactive for a period of two calendar months (meaning that you have not participated in a Cash Game, a Free Game, a practice session, or tutorial for a period of three calendar months or more), regardless of whether SkillGround has deducted Inactive Account Fees, SkillGround reserves the right to deem that any Game Credits in your Premium Account / Player’s Club Account have expired and to remove those Game Credits from your account without further notice.

Termination

You are entitled to close your Premium Account / Player’s Club Account at any time by contacting Customer Care.  The Company will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your Premium Account / Player’s Club Account until such closure has been effected by us. The Company is entitled to terminate these Terms of Service immediately on notice (or attempted notice) to you at the email address you have provided the Company.

Privacy Policy

In this Privacy Policy, “we”, “us” and “our” means SkillGround Limited and its affiliates including, Groove Media Inc., GMI Technology Limited, GMI Commerce Limited and GMI Commerce (USA) Limited (collectively, “SkillGround”).

We recognize the importance of an individual’s right to keep personally identifiable information private.  This Privacy Policy explains how we manage and safeguard personal information in the course of operating our business.  We are dedicated to adhering to the following principles that relate to the collection, use, retention and disclosure of Personal Information (defined below). 

1. Accountability

SkillGround is accountable for all Personal Information in its control. This includes information under the direct control of SkillGround, as well as Personal Information that SkillGround may transfer to its affiliates or to third party service providers for servicing, processing, storage or other purposes that facilitate SkillGround’s business operations.  SkillGround will use contractual or other measures to require third parties that process information or provide services on our behalf to maintain a level of privacy protection comparable to our own practices.  By way of example, SkillGround uses third parties such as payment processing service providers, printing and mailing services, data storage and destruction facilities and outsourced technology support service providers.

Numerous individuals within SkillGround are responsible for the day-to-day collection and processing of Personal Information, including technical and administration personnel trained for this purpose.  However, SkillGround has a designated Privacy Officer who is responsible for SkillGround’s compliance with applicable privacy legislation as described in this Privacy Policy.

Any questions with regard to the manner in which SkillGround handles or manages Personal Information should be directed to our Privacy Officer who can be reached as follows:

SkillGround Privacy Officer
Guinness Enterprise Centre
Unit 41
Taylor's Lane
Dublin 8, Ireland
Telephone: +353 (1) 480 6257
Email: privacy@skillground.com

2. Collection of Personal Information

SkillGround collects information from its customers through various websites it operates, including SkillGround.com and forums.skillground.com and sub-sites thereof (the “sites”). Information is collected on the sites when a user creates a user account, through contact forms and surveys, and through their interaction with the sites (for example, information about which games you play, player rating information and player game statistics).  Individuals may also disclose information about themselves when they use features on the sites such as user forums, the "Invite Your Friends / Tell-A-Friend" feature or when they contact Customer Care. We collect the names and e-mail addresses of individuals' friends when that individual uses the "Invite Your Friends / Tell-A-Friend" feature on the sites. We may also require you to provide additional personal information, such as a copy of a driver’s license, bank statement or utility bill in the process of address and identity verification which is part of the withdrawal process.


A. What information is collected through the sites?

(i) Types of Information

We collect two types of information from you when you visit the sites:  information that does not identify you personally (“Non-Personal Information”), and information that does identify you personally (“Personal Information”).

Non-Personal Information

Our Web servers may automatically record certain technical information related to your visit to the sites.  This information is anonymous and does not identify you personally. It includes things such as: the Internet domain for your Internet service provider; the Internet Protocol (IP) address of the computer accessing the sites; the address of the last webpage that you visited prior to clicking through to the sites; the browser used and the type of computer operating system that your computer is using; information about your computer hardware; the date and time that you visited the sites; and a record of which pages you viewed while you were visiting the sites.  Other information such as demographic information which does not identify an individual is also considered Non-Personal Information.  Gamer Information (described below) is also considered Non‑Personal Information.

(ii) Personal Information

When you create a free, basic user account (a “Basic Account”), you consent to our collection of Personal Information including your email address. If you choose to create an account which will allow you to enter cash games and tournaments (a “Premium Account” or a “Player’s Club Account”), you will also be required to provide additional information such as your name, gender, date of birth and mailing address. If you choose to make a deposit into your Premium Account / Player’s Club Account , you will also be required to provide information relevant to your payment method (for example your credit card number and expiry date).

As noted above, the sites also provide you with certain ways to voluntarily give us your Personal Information.  You may also use the features of the sites to invite others to create Basic Accounts or Premium Accounts / Player’s Club Accounts.  We may also collect Personal Information about you if you choose to send us an email message using links contained on the sites.  You may also disclose Personal Information when you post content to user forums on the sites or when you contact SkillGround’s Customer Care representatives via live chat or email.  Certain information about your activity on the sites is not itself Personal Information (for example, information about your game play preferences) but may be combined with Personal Information by linking it to your account information.  For example, the following information (“Gamer Information”) is publicly displayed on the sites and is not considered Personal Information for the purposes of this Privacy Policy:

• your UserName or Alias
• your Skill Rating
• your Top Players Ranking (if any) and your UTour Golf handicap
• your scores in games and tournaments
• your gaming preferences or UTour personal motto
• summary of your gaming activity, including when you joined, the number of games that you have played, your win rate
• winnings from games and tournaments
• any personal information you chose to disclose in a chat window or Forums on the sites

We may include footage of game play in promotional materials such as trailers which may be displayed on the sites, or on websites run by other parties including those of our marketing partners.  For example, we may display “play of the week”, “highlight reel” or similar content.  This content may also include the use of Gamer Information.

In order to provide a fair playing environment for all users and to protect the integrity of the sites, we also collect Personal Information which we use to investigate complaints of cheating or behavior that we believe may be contrary to the Terms of Service, including the Code of Conduct.  This may include screenshots of players’ computer desktops or footage of in-game play.

In addition to collecting Personal Information directly from visitors to the sites, we may also collect Personal Information from third parties such as marketing partners who have been provided permission to share that information with us.

When you download SkillGround Game Manager or a SkillGround game, you may also be provided with the opportunity to download software provided by parties other than SkillGround (for example, Xfire communications).  Please note that when you install and use software provided by third parties, any information that you provide through such use (including Personal Information) will be subject to the privacy policy of that software provider, and not this Privacy Policy.

B. What are “cookies” and how do the sites use them?

A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer.  The cookie identifies your browser but will not let a website know any Personal Information about you, such as your name or address.  These files are then used by such websites as a kind of electronic identification tag when users re‑visit that site.  Since cookies are only text files, they cannot run on your computer, search your computer for other information or transmit any information to anyone.

As with many major websites, the sites use cookies.  Cookies are used by the sites so that we can recognize you when you return to the sites and personalize your settings and preferences.  Most browsers are initially set up to accept cookies.  If you wish, you can change your browser settings either to notify you when you have received a cookie, or to refuse to accept cookies.  Please be aware however, that if you choose to not accept cookies, you will not be able to create a Basic Account or a Premium Account / Player’s Club Account to play games or use some of the other functionality on the sites.

We also use cookies on the sites in relation to advertisements.  Again, no Personal Information is collected through these cookies.  When you visit a page on the sites that includes an advertisement, the Non-Personal Information that is automatically transmitted to our advertising partner includes your browser type, Internet service provider, information about the general content of the site or page displayed on your browser and other Non-Personal Information provided by the site.  More information about the advertising partner’s cookies is available here. To opt out of transmitting this Non Personal Information through our advertising partner’s cookies, please click here.

We do not use “web beacons” (also known as “web bugs” or “1‑by‑1 GIFs”) on the sites or in email messages that we send out.

C. Personal Information about Children

Our sites comply with the Children’s Online Privacy Protection Act (“COPPA”).  We do not allow children under 13 years of age to create accounts on the site and we do not knowingly collect Personal Information from children under 13 years of age through our sites. In addition, in the event that a visitor to our sites identifies himself or herself as a child under the age of 13, we will not collect, store or use any Personal Information of such individual.  In the event that we receive Personal Information that we discover was provided by a child under the age of 13, we will promptly delete such Personal Information in a secure manner.

D. Limits To Collecting Personal Information

We limit the type of mandatory information collected by us:  we collect only the Personal Information that is required to accomplish the purpose of managing our relationship with our customers, including the uses described in the following paragraphs under the heading “Use and Disclosure of Personal Information”, below.

3. Use and Disclosure of Personal Information

A. Internal Uses

We collect Personal Information to open and maintain customer accounts with us, to contact customers regarding updates of the sites, their account status, new products and services and upcoming events, to collect subscription and entry fees from users, to process payments, to prevent fraud and to protect the integrity of the sites and to deliver prizes to users.  We use your date of birth and address information to ensure that you comply with our Terms of Service and are permitted to create an account where you reside.  We also collect Personal Information to facilitate a fair game play environment and for fraud prevention.  We may also, but do not have any obligation to, use Personal Information to contact customers regarding changes to the Terms of Service for the sites and any other policies or agreements relevant to the sites. If an individual uses the "Invite Your Friends / Tell-A-Friend" feature, we will use the name and e-mail address that that individual provides to invite his or her friend to create a user account.

In addition to the uses above, we use Personal Information for feedback and marketing purposes, to promote goods and services we believe you may be interested in, to provide a product or service requested by you, to notify you of changes to our products and services, and to customize and improve the content and layout of the sites.  When you create your account, you can customize these preferences.  If you wish to change your account preferences to modify the ways that we contact you, please contact Customer Care or use the “unsubscribe” link included in all email messages sent on our behalf.

B. Transfers to third parties

In addition to sharing information between SkillGround entities for the purposes above, in order to fulfill such purposes and to better serve our customers, we may transfer Personal Information to third parties who are legally or contractually obligated to keep such information private.  For example, as described above, SkillGround uses third parties such as payment processing service providers, printing and mailing services, data storage and destruction facilities and outsourced technology support service providers.  Third parties to whom information is provided may be located in the United States, Canada, Ireland or elsewhere.

C. Disclosures to third parties

In addition to transfers of Personal Information, we may also disclose any Personal Information you provide us to third parties such as marketing partners who provide products, information or services which we believe you may be interested in purchasing or obtaining.  In doing so, we will make reasonable efforts to ensure that these third parties only use the Personal Information for our stated purposes and provide a method of opting out from receiving future communications from such parties, but we shall not responsible for their handling or dissemination practices with respect to Personal Information.  If you wish to change your account preferences to not receive information from such third parties, please contact Customer Care or use the “unsubscribe” link included in email messages sent by such parties.  We may also disclose Non-Personal Information to our business partners.

We may also disclose Personal Information to a third party pursuant to a subpoena, other form of legal process or request on behalf of any local, state, federal governmental department or agency to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise permitted or required by law.

4. Obtaining Consent

In most cases, when we do collect Personal Information directly from an individual, the individual provides us with the information required for us to effectively provide our business services, and as such, consent to the collection and use of Personal Information will be implied.  If we choose to use Personal Information already in our possession for a purpose that was not identified at the time we initially collected the information, we will seek the consent of the affected individuals before using this information for the new purpose. Please note that if the new purpose is required or permitted by law, SkillGround is not required to seek the consent of the affected individuals and may not do so.  Individuals may withdraw consent to the collection, use and disclosure of their Personal Information at any time, subject to certain restrictions set out in applicable privacy legislation, but by doing so may be unable to utilize the services and products offered on the sites by SkillGround. When an individual uses the "Invite Your Friends / Tell-A-Friend" feature, we rely on that individual to obtain the consent of their friend to allow us to use that information to invite them to create a user account.

5. Management of Personal Information

SkillGround has policies and procedures as to how long it retains information that it collects.  Personal Information that is no longer required to fulfill the purposes identified when the information was collected is either destroyed, erased or rendered anonymous to prevent unauthorized parties from gaining access to the information.  We retain Personal Information received from third parties in accordance with our legal and contractual obligations.

Personal Information included in computer databases is typically stored in a secure data center with an extra copy of the data stored at an alternate location of equal security to ensure that we will be able to retrieve the data even in the event of a disaster.  These computer databases may be located in Canada, the United States, Ireland or elsewhere in the world.  From time to time, we may transfer Personal Information stored in these databases (as otherwise permitted under this Privacy Policy) to third parties located in Canada, the United States, Ireland or elsewhere in the world.  For example, certain third party service providers such as data storage companies, computer security specialists, database technicians or corporate affiliates of SkillGround may have remote access to Personal Information in our custody, but we use contractual and other safeguards to ensure that Personal Information transferred to such parties is provided with a comparable level of protection as SkillGround provides, regardless of the format in which the information exists. 

SkillGround has implemented a variety of security safeguards to protect Personal Information in our control against loss, theft, misuse and interception by third parties.  These safeguards include organizational, technical and physical measures designed to protect information from unauthorized access, disclosure, copying, use or modification.  Among the steps taken are:

• premises security;
• restricted file access to Personal Information;
• technology safeguards, including security software, firewalls to prevent hacking and other unauthorized computer access; and
• internal password and security policies.

6. Accuracy and Currency of Personal Information

SkillGround is committed to open and fair privacy practices which comply with applicable privacy legislation.

Any individual may request access to the individual’s Personal Information that SkillGround has in its custody by contacting SkillGround’s Privacy Officer in writing.  After receiving such a request, our Privacy Officer shall inform the individual of the existence, use and disclosure of their Personal Information and shall allow the individual to access such information.

In certain circumstances, access to Personal Information may be denied.  If we deny an individual’s request for access to their Personal Information, we will advise such individual in writing of the reason for the refusal and they may then challenge our decision.

Where Personal Information is used on an on-going basis, SkillGround undertakes to correct any information that is shown to be inaccurate, incomplete or not up to date.  Otherwise, SkillGround does not routinely update Personal Information unless it is necessary to fulfil the purposes for which the information is collected.  SkillGround must be advised, by the individual to whom the information relates, of any correction to be made to their Personal Information.

Upon notification from an individual of their desire to have any or all of their Personal Information in our records deleted or destroyed, SkillGround may undertake to delete or destroy all such information to the extent that retention of such information is not required by law, or for any other lawful purpose, such as the investigation of claims or the defence of an action.  In the event that an individual wishes to challenge SkillGround’s compliance with any of these principles, they can contact SkillGround’s Privacy Officer using the contact information set out above.  If SkillGround finds a complaint to be justified, appropriate measures will be taken, including, if necessary, amending our policies and practices.

7. Changes to Privacy Policy

All policies and procedures of SkillGround are reviewed periodically and, as such, we may change this Privacy Policy from time to time.  This version of the Privacy Policy is in effect since October 17, 2007.  Please refer to this page for the most recent version of this Privacy Policy.

CODE OF CONDUCT

Fair Play & Security

Fair Play and Security are the two most important virtues of SkillGround and there are a number of measures in place to ensure that all players are treated fairly and to make certain that accounts are always kept secure.  

Be warned:  if you are found to be violating the SkillGround Code of Conduct, we may suspend or revoke your account or the funds in your Premium Account / Player’s Club Account, void your scores, change your Skill Rating, seize funds in your Premium Account / Player’s Club Account to repay Users who you have cheated against and/or commence civil and criminal legal proceedings against you.  SkillGround may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

The following is a list of some of the measures in place to protect players:

• Communication between games and SkillGround’s servers are encrypted.
• SkillGround keeps a record of all games which can recreate any game in question.
• Before the game is launched, SkillGround Game Manager will automatically repair or update files to ensure that all players are playing the same up-to-date version of the game.
• Cheat codes are disabled in all of the games offered on the SkillGround site.
• The Skill Rating system helps to match players of similar skill.
• Displaying each Users’ ping time allows players to avoid matches with other players who have a significant advantage in connection speed.
• Before and during the game, the Game Manager runs extensive memory scans to identify applications that are trying to alter the games in any way
• When the game is running, the Game Manager has the ability to take screenshots and send them to SkillGround’s Customer Care representatives for analysis.
• Computer fingerprinting technology allows SkillGround to permanently ban cheating players.
• Our compliance applications are constantly sifting through game results looking for behavioral patterns that indicate unfair play, collusion and other types of behavior prohibited by our Code of Conduct.

Code of Conduct

SkillGround is committed to taking all necessary measures to prevent anything that gives another player an unfair advantage over another player.  We are also committed to ensuring that the SkillGround environment is an enjoyable place to work and play.  We reserve the right to take immediate action in the event that we believe a player is failing to observe the terms of this Code of Conduct.  We do this to protect our Users and the integrity of the SkillGround system.

You agree to keep your player account name and password secret and confidential and not to allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your account name and password to another person, and such disclosure results in a third party participating in matches using your player account, such participation may be held valid, and you will not be refunded any resulting losses, regardless of whether or not the third party had your consent or not.  If you misplace, forget, or lose your account name or password because of anything other than SkillGround’s error, SkillGround shall not be liable.

Abusive or Offensive Language

SkillGround will not tolerate abusive, defamatory, libelous, discriminatory or offensive language on the SkillGround.com site including without limitation in User names, on the chat boards, in User forums, through in-game chat, or in interaction with Customer Care or other SkillGround staff. Similarly, SkillGround will not permit language which violates the intellectual property rights of another party on the SkillGround.com site. Any violation of this policy will result in a suspension of playing privileges or such other action as may be reasonably required by SkillGround to ensure compliance.  In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to SkillGround’s operation in any media or forum.

Prohibited Practices

SkillGround prohibits all practices (including but not limited to the use of third party software, bots, multiple account use and/or actions taken in collaboration with other players) carried out by one or more Users, using one or more player accounts which could put any other player not engaging in such activity at a competitive disadvantage where the unfairness in such activity is a result of elements introduced from outside of the context of the game itself.  SkillGround also prohibits practices which may interfere with the enjoyment of SkillGround by other Users.

Users are also prohibited from sending spam to other individuals in order to attract new users to SkillGround. For greater certainty, this includes unsolicited messages sent using the "Invite Your Friends / Tell-A-Friend" feature or through messages sent from outside of the SkillGround site.

Examples of practices SkillGround deems to be unfair (please note, this list is not exhaustive but simply illustrative of the types of practice SkillGround will always consider unfair):

Multiple Accounts:

One person owning or controlling multiple player accounts, whether in the player’s own name or in the name of another is prohibited.  If you wish to create a new User account, you must notify Customer Care immediately.

Trading or Selling Accounts

Users are not permitted to give away, sell, trade or otherwise permit any other person to access their player account.  Because each player is given a Skill Rating in SkillGround, the use of a player’s account by another player may create a false impression to opposing players about their competitor’s skill level.  In the event that you believe that another person has access to your account, you must change your password and notify Customer Care immediately.

Collusion or Linked Accounts:

Collusion means two or more players sharing and using their combined knowledge to gain an advantage over other players in a game or to defraud SkillGround.  SkillGround strictly prohibits collusion.  For example, in a multi-player team-based game, it is not permissible to have one player join a team with the intention of playing poorly or sabotaging that team in order to benefit the opposing team.  SkillGround also strictly prohibits the use of linked accounts, meaning a player or players using more than one account in order to gain an advantage over other players or to defraud SkillGround. 

Sharking:

SkillGround defines sharking as intentionally losing in order to lower your SkillGround Skill Rating.  This is prohibited because sharking can create the perception that you are less talented (and thus have a lower Skill Rating) than you actually are.

Bots, Scripts and External Code:

No User is allowed to introduce any form of computer code or computer program into the SkillGround site or into a SkillGround game.  This is to ensure that SkillGround matches are won or lost based on the skill of the player themselves, and not on some external advantage that they have over the other player or players. 

Using Third Party Software:

Although SkillGround is not presently aware of any companies which offer programs which work in the SkillGround environment, the use of such software is prohibited.  This includes programs which provide information or tools to players which may or may not be available to other players, including information about the players themselves, or improvements to players attributes in the game

Interference with the SkillGround site or SkillGround Users:

It is prohibited to participate in any activity which adversely affects the ability of other people or systems to use the SkillGround site, or to interfere with or disrupt other SkillGround Users, network services or network equipment.  Examples of such prohibited activities including "denial of service" attacks against another network host or a SkillGround User, or the introduction of software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or damage or obtain unauthorized access to any data or information of any third party. SkillGround Users may not, through action or inaction, allow others to use their network for illegal or inappropriate actions.

If you have any questions with regard to this Code of Conduct, our Fair Play and Security Policy or any integrity or security issues, or if you feel that somebody played unfairly against you please do not hesitate to contact Customer Care either through the SkillGround site or via email customercare@skillground.com

END-USER LICENSE AGREEMENT

Please be sure to carefully read and understand all of the rights and restrictions described in this End-User Software License Agreement (“EULA”).

Agreement

This EULA is an agreement between you and SkillGround Limited or its subsidiaries and affiliates (collectively, “Company”).  Unless governed by a separate license agreement as specifically indicated during the downloading or installing of software, any software you download from the SkillGround site (including, for example, games) (the “Software”) and any accompanying materials are subject to, and are licensed to you only on the condition that you accept all of, the terms contained in this EULA.

By installing or otherwise using the Software you agree to be bound by the terms of this EULA. 

Copyright

The Software is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties.  All title and copyright in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) and materials accompanying the Software are owned by the Company or its Licensors.

All Software: © 2006 – 2007 GMI Technology Limited and Groove Media Inc. All rights reserved.

Some games use the following components under license:
Unreal® Engine 2. Unreal® is a registered trademarks of Epic Games, Inc. Unreal® Engine, Copyright 1998-2006, Epic Games, Inc. All rights reserved.
Havok.com™. © 1999-2006 Telekinesys Research Limited. All rights reserved.
Bink Video. © 1997-2006 by RAD Game Tools, Inc. Manufactured under license from Dolby Laboratories. All rights reserved.
Open Dynamics Engine Copyright © 2001-2004 by Russell L. Smith. All rights reserved.
FMOD Sound System © 1994-2006 ~ Firelight Technologies Pty, Ltd. All rights reserved.
Grant of License

The Software is licensed and not sold to you and its use is subject to this EULA.  The Company grants you a limited, personal, non-exclusive license to use the Software in the manner described in the Terms of Service located at www.SkillGround.com (the “SkillGround site”).  The Company reserves all rights not expressly granted to you in this EULA.

Number of Installations

You may install and use the Software on more than one computer.

Restrictions

• You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying materials.
• You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
• You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software.
• Except for your personal use, you may not electronically transmit the Software from one computer, console or other platform to another or over a network.
• You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the even that it is destroyed or becomes defective.

Termination

This EULA is effective until terminated, even if you cancel your User account on the SkillGround site.  You may terminate this EULA at any time by uninstalling the Software and destroying any copies.  This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to copyright, warranties, limitation of liability, remedies and damages will survive termination.

No Warranty

The Software and any accompanying materials are supplied “AS IS”. You are aware and agree that the use of the Software (and, if applicable, the tangible media on which it is recorded) is at your sole risk.  The Company does not warrant that the Software or its operations of functions will meet your requirements, or that the use of the Software will be without interruption or error.

TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

General

This EULA and the Terms of Service (of which it is a part) constitutes the entire agreement between you and the Company in relation to the subject-matter hereof.  If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.  This EULA is governed by the laws of the Province of Ontario, Canada, exclusive of its conflict of laws provisions.  You hereby attorn to the jurisdiction of the courts of the Province of Ontario, Canada.